Caritas Christi Review Center

Review Notes on Correctional Administration 2017

By: Johnny Rey D. Cailing

Correction and Penology

The Difference

Correction Penology (Penal Science)

Is the study of the methods that Is that part of the science of
have been and are employed for the criminology that studies the
punishment and deterrence of such principles of punishment and the
behavior and the study of the efforts management of prisons,
to accompany punishment with reformatories and other
measures that are intended to confinement units. The word
change or correct the offender. “penology” was coined by Francis
One of the pillars of the Criminal Lieber. It is also derived from a
Justice System used in the Latin word “poenalis” which means
administration of Justice. “punishment” and from a Greek
(Influence by Positivist School of word “poene” which means
Thoughts) “penalty or fine”.
Therefore, the purpose of (Influence by Classical School of
punishment is rehabilitation and Thoughts)
the corner stone is education. Therefore, the purpose of
punishment is retribution and
the corner stone is discipline.

Correctional Administration and Penal Management

The Difference

Correctional Administration Penal Management

the study and practice of a system refers to the manner or practice of
management of jails or prisons and managing or controlling places of
other institution concerned with the confinement as jails or prisons.
custody, treatment and
rehabilitation of criminal offenders.

The term correction could mean two separate meanings. First, it is the
institution that provides community’s official reaction to a convicted
offender, such institution is a branch of the administration of criminal justice,
charge with the responsibility for custody, supervision and rehabilitation of
the convicted offender. Second, it is a study of methods that have been and
are employed for the punishment and deterrence of such behavior and a
study of efforts to accompany the punishment with measures that are
intended to change or correct offenders. Both definitions comes from the
principle of punishment and the management of prisons, reformatories and
other confinement units. The birth of penology is also considered the birth of
a humane approach in the administration of justice.

Corrections stand as the fourth pillar of the components of our Criminal

Justice System. Some people viewed it as the weakest pillar among the
pillars of criminal justice. This is due to an assumption that correctional
institutions cannot rehabilitate offenders, which is manifested through the
increase of criminalities and recidivism. But, the fact is nobody wants nor
loves to be imprisoned, nobody wants their freedom be curtailed. If one
commits a crime we scientifically explain it why he commits a crime, and not
allege that it is due to some failure or our criminal justice system, that
pushes the individual to commit crime.

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 Corrections denoted its concern and operate as society’s primary
formal dispenser of punishment. Corrections, however, is more than simply a
nice term for punishment. The root of the word implies and focuses on
correcting a problem or series of problems in society. It has come to stand for
a broad category of activities ranging from incarceration of offenders, to
assisting ex-offenders in securing employment and education in the
community to provide assistance for the victims of crimes. These systematic
and organized efforts directed by society that punished offenders, protect
the public from offenders, change the offender’s behavior, and in some cases
compensate victims. Thus, evolving within the milieu of social control that
keeps to work through the ambit of social justice where its sight is located to
keep at pace the norms of human behavior in particular and social norm in
general.

Revolutions in the History of Correction

1. Age of Reformations- replaced corporal punishments exile and physi-

cal disfigurements with the penitentiary.

2. Age of Rehabilitation- assumed that animals were handicapped per-

sons suffering from mental or emotional deficiencies. Under this indi-
vidual therapy aimed at healing these personal maladjustments be-
came the preferred style.

3. Age of Reintegration- society becomes the patients as well as the

offender. Much more emphasis is placed on the pressures exerted on
the offender by the social groups to which he belongs and on the so-
ciety that regulates his opportunity to achieve his goals.

Theories of Penology

1. Absolute Theories – these theory concerns with the legalistic approach on

penal applications as a ground of calling justice. The imposition of punish-
ment is a retributive nature of justice reformation, deterrence, crime pre-
vention, self-defense and control. It adopts the principle of “nullum
crimen, nulla sine poena lege” there is no crime if there is no law punish-
ing it.

2. Relative Theories – these theory concerns that punishment is a utility and

usefulness of the society.
Classifications:

a. Reformative – reformation is the ultimate objective of punishment.

b. Exemplarity – punishing criminals will deter the others from committing
crimes.
c. Protective – people must be protected from socially danger persons.

3. Compromisual Theory – this theory settles the concept of justification,

sentiments and grounds for punishment through compromises of conflict-
ing views. Its objectives concern with retribution and deterrence of crimi-
nals.

Approaches in Corrections

Institutional Corrections Non-Institutional Corrections

agencies and institution responsible
for maintaining physical custody of
an offender. (ex. Prison, jail,
rehabilitation center)
(Traditional Method that requires
also known as the Community Based
Corrections, it is a correctional
activity that takes place outside the
institution/ prison walls. (ex. parole
and probation)

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incarceration) (Modern Method that does not
requires incarceration. Also known
as Community Based Corrections.

Innovative Programs Introduce in Corrections

1. Chicago Area Projects – founded by Clifford R. Shaw is delinquent

prevention program and the first organized program in the U S to
use workers established direct and personal contacts with the un-
reached boys to help them find their way back to acceptable norm of
conducts. Its procedural principles are:

a. developments of youth welfare organizations among resi-

dents of delinquency areas.
b. employments of the so called indigenous workers whenever
possible groups.
c. fostering and preservation of the independence of these
groups.

2. Cambridge Somerville study- was the first relatively vigorous at-

tempt to test the effectiveness of individual counseling with trou-
blesome schoolboys who were regarded by teachers as hard-
headed e,.g. delinquents careers .The approached was friendly
rather than professional. This committed in watching two groups of
delinquent boys one groups was to be let alone thus serving as a
“control” to other experimental or “treated” group. The outbreak of
war however, forced to restricts operation of the study.

3. Synanon House- is a communal, voluntary setting for during addicts

which is a private projects devoted to the communal rehabilitation of
narcotic addicts former addicts live and work together in a state of
total abstinence from drugs. Newly arrived addicts are restricted to
Synanon property, participating in general housekeeping and main-
tenance course which is now as “first Stage”. As the resident hope-
fully matures ad gathers strength h graduates to the Second stage
during which he works outside of Synanon and returns I the
evening in the Third stage which is the Final one the former ad-
dicts lives outside of Synanon and returns for occasional meetings.

4. PORT Program—port program is an acronym for probationer offend-

ers rehabilitated and training established in Rochester Minnesota in
live in community based community directed treatments program
for both adults and juveniles. The care of its treatments program is
a combination of group treatments and behavior modification

Basic Principles Underlying Philosophy of Community- Based

Corrections

1. All efforts consistent with the safety of others should be made to re-
duce involvements of the individual offender with the institutional
aspects of corrections.

2. Need for extensive involvement with the multiple aspects of the

community, beginning with the offender and his world and extend-
ing to the larger social system.

3. Community- based corrections demands radically new rules for in-

mates’ staff, and citizens.

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 Significance of Community- Based Corrections

1. Humanitarian Aspects- to subjects anyone to custodial coercion is to

place him in physical jeopardy to narrow drastically his access to
sources of personal satisfaction and to reduce self-esteem.

2. Restorative Aspects- concern measures expected to achieve for the

offender the position in the community in which he does not vio-
lates the laws. These measures maybe directed at change control or
reintegration, I the failures of offenders to achieve these goals can
be measures by recidivism and their success in defined by reaching
specific objectives set by correctional decision makers.

3. Managerial Aspects – are of special importance because of the

sharp contrast between the peer capital cost of custody and any
kind of community program. When offenders can be shifted from
custodial control to community- based programming without loss of
public protections the managerial criteria requires that such shift be
made.

The Concept of Penalty

Penalty in its general sense signifies pain; in the juridical sphere, it

means suffering undergone, because of the action of society, to one who
commits a crime.
The very purpose or reason why society has to punish a criminal is to secure
justice. The society or state has to protect its existence, assert what is right
for the people based on moral principles, which must be vindicated. The
giving of punishment, which is exercised by society, is the fulfillment of
service and satisfaction of a duty to the people it protects.

Purpose of Penalty

1. Retribution or Expiation – the penalty is commensurate with the

gravity of the offense as a matter of payment for the damage done.

2. Correction or Reformation – as shown by the rules which regulates

the execution of the penalties consisting in deprivation of liberty,
thereby giving chance for his reformation.

3. Social Defense – as shown by its inflexible severity to recidivist and

habitual delinquents. Society must provide the welfare of the people
against any disorder in the community.

Goals of Sentencing:

1. Retribution – is the act of taking revenge upon a criminal perpetra-

tor.

2. Incapacitation – is the use of imprisonment or other means to re-

duce the likelihood that an offender will be capable of committing
future offenses.

3. Deterrence – is a means, which seeks to prevent others from com-

mitting crimes or repeating criminality.

4. Rehabilitation – is the attempt to reform a criminal offender, the

state in which a reformed offender is said to be rehabilitated.

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 5. Restoration – a goal of which attempts to make the victim whole
again.

Unanticipated Consequences of Punishment – Positive or negative

effects.
“Reasons for Limitations of Punishment”

a. Punish often isolates the criminal, leaves in him a stigma and develops
in
His person a strong presentment of authority;
b. It develops caution on the part of criminal; committing crimes during
nighttime; resorting to the use of indigenous methods, or may even un-
dergo physical transfiguration to avoid punishment.
c. It generally stops constructive efforts, lack of respect for the law, lack
or patriotism, and loss of self-respect ;
d. Public attitude by idolizing the criminal, this giving an offender higher.
Punishment and Penalty
The Difference

Punishment Penalty
Is the redress that the state takes Is the suffering inflicted by the
against an offending member. State for the transgression of law.

Nature of Punishment

The general concept of punishment is that it is infliction of some sort of

pain on the offender for violating the law.

Social Justification of Punishment and Legal Condition of

Punishment
The Difference

Social Justifications Legal Conditions

1. Prevention – the state must pun-
ish the criminal to prevent or sup-
press the danger to the state
arising from the criminal acts of
the offender.
2. Self-defense – the state has a
right to punish the criminal as a
measure of self-defense so as to
protect society from the threat
and wrong inflicted by the crimi-
nal.
3. Reformation – the object of pun-
ishment in criminal cases is to
correct and reform the offender.
4. Exemplarity – the criminal is pun-
ished by the state as an act to
deter others from committing
crimes.
5. Justice – that crime must be pun-
ished by the state as an act of re-
tributive justice, a vindication of
absolute right and moral violated
by the criminal.
1. The penalty must be productive
of suffering without affecting the
integrity of the human personal-
ity.
2. The penalty must be commensu-
rate with the offense, that differ-
ent crime must be punished with
different penalties.
3. The penalty must be personal in
that no one should be punished
for the crime of another.
4. The penalty must be legal, that it
is the consequence of a judgment
according to law.
5. The penalty must be certain, that
no one may escape its effects.
6. The penalty must be equal for all.
7. The penalty must be correctional.

Nicomedian Ethics:

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  This is a title of a book that was written by Aristotle (in Athens) in
his 1st attempt to explain crime.
 This is about the corrective justice stating “Punishment is a
means of restoring the balance between pleasure and
pain”.
 Also forwarded the concept of restitution when he wrote “pun-
ishment is a means whereby the loss suffered by the vic-
tim is compensated”.

Theoretical Foundations in dealing with Criminals:

1) The Classical School of Thought – (Beccaria) “Let the punishment

fits the crime”. The philosophy of hedonism and freewill, this is to
make a rational choice between what will cause pain and what
will result in pleasure.

2) The Neo-Classical School of Thought – Children and lunatic per-

sons do not have freewill thus they must be excluded to any pun-
ishment since they do not know what is right or wrong.

3) The Positive School of Thought – (Lombroso) “Let the treatment

fits the criminal”. People cannot always be held accountable for
their behavior because of the factors beyond their control. This is
known as “Determinism”, man’s freewill can be influenced and
dictated by physical, psychological and environmental condi-
tions. Therefore, criminals should not be punished but rather be
treated because he is having illness which leads him to do
wrong.

EARLY FORMS OF CORRECTION:

(Brief Background)

(People believe that when a person commits a crime he was possessed by

demon. The system of correction is focused on casting out demons inside the
person’s body.)

 Pungent Potion – drink potion to drive away evil spirit that leads him to
commit a crime.
 Grotesques Mask – they wear masks and dance around the person who
commits a crime to drive out evil spirit in his body.
 Trephination Method – a piece of stone or wood which has very sharp
edge that will use to make a hole at the person’s forehead.
 Banishment – a person will be rejected in the community, if he refuse
to do so, he will be killed.
EARLY FORMS OF CORRECTION:
(Detailed Background)

During the early development of civilization, people believe that when a

person commits a crime he is being possessed by demon. The system of
their correction is focused to cast out the demon inside the person’s body.
Which was the very cause why he committed crime. The following methods
were used:

1. Pungent Poison – when an individual commits a crime they let the

person drink a pungent poison to drive away the evil spirit inside his
body which leads him in the commission of crime.
2. Grotesques Mask – they wear a grotesque mask and they dance
around the person who commits a crime in order to drive out the
spirit in his body.
3. Trephination Method – a piece of stone or wood which has very
sharp edge will be used to make a hole at the forehead of the per-

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 son who violates the law and they will pray or cast out the evil spirit
to get out of his body.
4. Banishment – when a person commits a crime he will be rejected by
the community for him not to influence others to commit crime, if
he refuses in his community he will be killed.

EARLY FORMS OF PUNISHMENT:

(Brief Background)

 Flogging – is the whipping of stick, rope or leather to a person who vio-

lates the law.
 Mutilation – cutting some parts of the offender’s body.
 Branding – lesser of that mutilation as punishment of crime.
 Public Humiliation – gives opportunity to the members of the commu-
nity to take vengeance. Offender was heckled and spit upon by
passers, throwing of tomatoes or rotten eggs to the offender.
 Exile or Banishment – England prisoners were sent to America in early
1618 as their captive labor force for the development of colonies. Also
known as “Transportation”.
 Work House – inmates will work instead of punishing them.

EARLY FORMS OF PUNISHMENT:

(Detailed Background)

Flogging – it is the whipping of a stick, rope, or leather to a person who

violates the law.
The famous whip, was the Russian knot made out of leather thongs tipped
with fishhook like wires. A few strides with the knot produced serious
lacerations and often resulted in much blood loss. Another type of whip is the
cat-o-nine tails, which is made of nine strands of leather or rope.

Flogging was widely used in England during the Middle-Ages, were offenders
are beaten as they run through the streets with their hands tied behind their
back.

Mutilation – it is the cutting of some parts of the offender’s body. Throughout

history various societies have tongues ripped out, and pickpockets have
suffered broken fingers.

Extensive mutilation, which included blinding, cutting off the ears, and
ripping out the tongue, was instituted in eleventh-century in Britain and
imposed upon hunters who poached on Royal Lands.

Today, Iran and Saudi Arabia still use the mutilation type of penalty which
incapacitates offenders and giving to society a walking example of the
consequences of crime.

Branding – was used as a lesser form of mutilation, the Romans, Greeks,

French, British, and may other societies have all used branding. In 1829 the
British parliament officially eliminated branding as a punishment of a crime.
Offenders who are branded have an identifying marks on the hand if he
repeat its violation the marking is placed at the forehead.

Public Humiliation – it gives an opportunity of the members of the community

to take its vengeance. Offenders are sent to the stock or pillory found
themselves captive and on public display. They will be heckled and split upon
by passers-by. Other citizens might be gather to throw tomatoes or rotten
eggs. On occasions, citizen who were particularly outraged by the magistrate
or nature of the offense would substitute rock to end the offender’s life.

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Exile or Banishment – the ancient Hebrew periodically forced a sacrificial goal
symbolically carrying the tribes sin into the wildness, a practice which has
given us the modern word “scapegoating”. Since then, many societies have
banished “sinners directly. The French sent criminal offenders to devil’s
Island, Russian’s had used Siberia as the land where banished people are
sent. England sent their prisoners to America beginning in 1618, the British
program of exile, is known as “transportation”, which served the dual
purpose of providing a captive labor force for development of the colonies,
as they oppose the corporal punishment.

In 1776, the American Revolution forced the practice to end. The British
penology shifted to the use of aging ships, called hulks, as temporary
prisons. Hulks were anchored in harbors through England and serves as
floating confinement facilities.

In 1787, after Captain Cook had discovered the continent, Australia became
the new port of call for English prisoners.

Work houses – during the sixteenth century, Europe was faced with an
economic upheaval product of their industrial revolution. Thousands were
unemployed and vagrants where in towns and villages seeking food and
shelter. Because their homes and pieces of land were sold for the
industrialization of Europe. Churches that time was the primary social relief
of the people’s situation.

The government of Europe believed that poverty was the caused of laziness.
They created workhouses designed to instill the habits “Saint Bridget’s Well”.
The name in Europe opened in 1557 in a former British Brides well became
synonym for workhouses. Brides well taught word habit to the inmates and
not punish the convict instead, it was replaced by hard work.

Constitutional Restriction on Penalties

The Philippine Constitution directs that excessive fines shall not be imposed,
nor cruel and unusual penalties when it is so disproportionate to the offense
committed as to shock the moral sense of all reasonable when as to what is
right and proper under the circumstances.

Classification of Penalties

1. Capital or Corporal Punishment – death through lethal injection.

2. Afflictive Penalties – deprivation of freedom
a. Reclusion Perpetua – 20 years and 1 day to 40 years of impris-
onment.
b. Reclusion Temporal – 12 years and 1 day to 20 years imprison-
ment
c. Prison mayor and Temporary disqualification – 6 years and 1
day to 12 years. Except when disqualification is accessory
penalty, in which case its duration is that of the principal
penalty.
3. Correctional Penalties – deprivation of freedom or restriction of free-
dom
a. Prison Correctional : 6 months and 1 day to 6 years, except
b. Arresto Mayor : when suspension is that of the principal
c. Destierro

4. Light Penalties
a. Arresto Menor – 1 day to 30 days of imprisonment
b. Public Censure

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 Preventive Imprisonment – The accused undergoes preventive
imprisonment when the offense charge is non-bailable, or even if
bailable he cannot furnish the required bail.

Subsidiary Penalty – It is subsidiary personal liability to be suffered

by the convict who has no property with which to meet the fine, at the
rate of one (1) day for eight pesos, for its imprisonment. This is only
applicable when the penalty imposed a fine and not to damages or civil
liabilities imposed upon the convicted felon.

The death penalty – was restored through R.A. 7659 which took
effect on December 3, 1993 for certain heinous crime. Such as Treason,
piracy, Qualified Piracy, Qualified Bribery, Parricide, Murder, Infanticide,
Kidnapping and Serious Detention, Robbery with Homicide, Destructive
Arson with Homicide, Plunder Dangerous Drugs and Carnapping.

The death sentence shall be executed by Lethal Injection as provide

under Republic Act No. 8177, which was approved on March 20,
1996.

The death sentence shall be carried out not earlier than one (1) year
nor later than 18 months after the judgments becomes final and
executory. Provided, that the Supreme Court who does the review of
the case in which death penalty was imposed have reach a vote of
eight (8) Justices as provided under Republic Act No. 296. Otherwise
death penalty shall not be imposed. The convicted felon will be given a
penalty of reclusion perpetua.

In all cases where the death sentence has become final, the records of
the cases shall be forwarded the office of the President for possible
exercise of the pardoning power.

Death Penalty shall not be imposed if:

1. When the guilty person is more than 70 years of age;

2. When upon appeal or automatic review of the case by the Supreme
Court, the required votes is not obtained for imposing the death
penalty;
3. When the convict is a minor under 18 years old of age.

Death Penalty shall be suspended when the convict is a:

1. Pregnant woman;
2. Within one (1) year after delivery of a pregnant woman;
3. Person over 70 years of age.

Developments of Prisons

Prisons were developed gradually as a substitute for transportation exile

public degradations especially corporal punishments and the death penalty
(by virtue of Pennsylvania Reform Act of 1790). Imprisonments was
introduced to substitute for corporal punishments was initiated by William
Penn of Pennsylvania as well as the abolition of death penalty except for the
first degree murders. Prisons and Penitentiaries were constructed for the
confinements of persons with longer sentences who are convicted of serious
crimes.

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 Penitentiary Concept

The term penitentiary came from the Latin word “Paennitentia”, meaning
penitence and was coined by an English prisoner reformer, John Howard, it
referred to a place were crime and sin may be stoned for a penitence
produced. Massive edifies of concrete and steel, the original penitentiaries
were designed to facilitate solitary contemplation of one’s misdeeds. It was
felt that introspection in solitude was conductive to personal reform. It was
also believed that if prisoners were allowed to associate, they would
criminally contaminate one another. At present, the terms prison and
penitentiary are used synonymously.

The Rival Prison System in Early History of Imprisonment

Auburn Prison System and Pennsylvania Prison System
The Difference

Auburn System (Congregated Pennsylvania System (Solitary

System) Confinement)
 Prostituted and convoluted ver-  Late 18th century to early 18th
sion of the St. Michael system as century, Pennsylvania became a
espoused by the Roman Catholic leading innovator in prisons oper-
Church. ation.
 In Auburn, New York ( 19th Cen-  The rival of Auburn system during
tury ) these times.
 Solitary confinement began to be  Based on the concept on solitary
experimented on some three (3) confinement and rendering labor.
years after it started to operate.  Each cell has small exercise area
 Tiny cells where built for individ- to allow the prisoner to maintain
ual prisoners where he is con- physical condition to be more
fined without any exercise or any valuable in production.
activity.  This facility has a work area for
 This system was designed to day time works.
make the prisoners not in inactiv-  Allow bible reading for spiritual
ity while in solitary confinement. and emotional transformation, to
 Any prisoners who dared speak be productive upon release.
or make any sound was severely  This system is applied in Euro-
whipped. pean Countries.
 This system resulted in substan-
tial number of suicides and insan-
ity and the practice was aban-
doned 5 years after it was intro-
duced.
 Solitary confinement as a method
of punishment was abandoned in
the U.S. because prisoners can’t
be made productive and unprof-
itable to maintain.
 This system was modified to al-
low the prisoner to work during
day time in common areas but
must maintain absolute silence
and then spend their nights in
solitary confinement.
 This modification was adopted
because it was found out that
people working collectively in
common areas produced more
benefits that working individually.

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 A World History, Philosophy and Objective of Prisons:

 Code of Hammurabi
 1750 BC to 1900 BC (Babylon)
 Found in Manama Dharma of India, and Hermes Trismegitus of
Egypt
 The principle of LEX TALIONES (an eye for an eye and a tooth for
a tooth)
 Two (2) tired concept (not everybody is equal in imposition of
punishment)
 Stiffer punishment in offenders from upper classes
 Uncivilized due to naked revenge than modern concept of reha-
bilitation and treatment.

 Mosaic Code
 Also retribution
 But allows restitution (settlement)
 Allowed flogging or burning alive

 King Ur-Nammu’s Code

 In city of Ur in ancient Sumeria
 Restitution as a concept of justice (restorative justice)
 Allows fines, mutilation and other savage penalties
 Punished offenders and at the same time will paid the victims as
a reimbursement as a result of the crime committed
 No death penalty, in case of death is Fine/ Financial conse-
quences

Retribution defers from Restitution:

Retribution – personal vengeance (Retaliation)

- Justice flows from the victim to the offender
- It lowers down the offender

Restitution (restore) – justice flows from offender to the victim

- Elevates the status of the victim
- Older than the code of Hammurabi, 350yrs before
- 2100 years before Christ

Early Forms of Imprisonment:

 Furca
 Ancient Greece around 400 BC
 V-shape yolk, worn around the neck
 Outstretched arms of the convict were tied

 In Ancient Greece
 Testimony of the slaves can only be accepted if it was acquired
through torture
 Reason of imprisonment is to detain those who are undergoing
trial

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  If convicts refuse to be punish or to pay fines will be imprisoned
in Romans Style
 Their justice is not vengeful/ retributive and must reform the of-
fender also to deter others to commit crime (humane method
only for Greek citizens or prominent inhabitants “privileged class
of Greek society have rights”)
 Most brutal find of punishment will only be inflicted to aliens and
slaves (those who belongs to exploited classes)
 Citizens will be fined for a crime. If committed by slaves or aliens
will likely be flogged.

 Underground Cistern
 Detainees are those who are undergoing trial
 Sentenced offenders will be hold and be starved to death

 Ergastulum (Roman Prison)

 The prisoners and slaves were forced to do hard labor
 It confines slaves and be attached to workbenches

 Justinian Code
 In middle ages around 529 AD (Roman Emperor Justin)
 This became the Standard Law in Roman Empire particularly in
Europe
 A revision of the “12 Tables of Roman Law”

 12 Tables of Roman Law

 Originated between 500 BC
 Every crime was contained and specified the penalty for every
offense listed in the said tables

 Burgundian Code (500 AD)

 Existed around same time as Jesus Christ
 Introduced the concept of restitution
 Punishment were met according to the social class of the of-
fender
 The offender should pay specific value in order not to undergo
physical sufferings as penalty. This is only applied to nobility and
middle classes
 Death penalty awaits on slaves who commit murder, assaults on
noble or middle class women, sexual relations with the noble and
middle class, and giving aid and comfort to escape offenders
 Xenophon and Demosthenes suffered this punishment for their
philosophical beliefs

 Paterfamilias:
 A concept wherein the head of the family has virtually limitless
power to punish erring family members and slaves.

 Centuriate Assembly:
 By 509 B.C. a law was passed prohibiting flogging or execution
except if this assembly will affirmed.

 Stocks:
 A kind of device that was fastened at the ankle, neck and wrist of
offender for a long period of time.

 Stoning to Death:
 This is practiced in the time of Jesus that is still existed today in
Islamic countries like Afghanistan and Pakistan.

 Breaking on the Wheel:

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  The offender’s body is fastened by metal bands to a board made
of wood and then had their bones systematically broken.

 Burning Alive:
 Existed in Ancient Greece which was also practiced by the Ro-
mans.
 Roman Catholic Church also resorts to this punishment during
the time of the inquisition for unbelievers, witches and heretics.

 Destierro:
 This was Banishment before that was also practiced by the
Spaniards and was incorporated in Codigo Penal in the Philip-
pines. (Not less than 25 km radius not more than 250 km radius.
Remember: if you go beyond 25 km there will be a crime of eva-
sion of service of sentence, but if you go beyond 250 km there is
no crime for the main purpose of destierro is protection)

 Ecclesiastical Court:
 A court that conducts trials to priests offenders and all those con-
nected with the church.
 More compassionate
 Later granted to anyone who was literate

 Papal Bull:
 By Pope Innocent VIII, in 1487
 This allowed refugee offenders to be driven out of the sanctuary
if they used this for committing a crime.

 The Inquisition:
 Another Ecclesiastical court that has gained historical notoriety
throughout the Ages for his viciousness.
 Responsible for detection and punishment of unbelievers and
heresy
 Officially begin with declaration of the Lateran Council, 1215
which allowed “Torture”.
 Throughout this Dark Age Church can punish anyone, many be-
come victims of trumped up charges that they were witches or
advancing scientific studies.

 Galileo Galilee:
 Almost burn at the Stake, if only for his popularity.
 Because of his discovery that the earth was not flat.

 Pope Leo 1:
 The 1st Pope that fully express approval for killing human.
 Sanctioned death as punishment
 Heresy was the crime that was strictly for death penalty.

 Priscillian:
 The 1st recorded Christian who was put to death for being a
heretic.

 Pope Innocent III:

 Tried to wash hands like Pontius Pelate when it turned over
heretics to secular authorities for proper punishment including
death.

 Papal Encyclical “Excommunicamus”

13
  By Pope Gregory IX, in 1231, initiated inquisition that led to the
burning of hundreds of heretics.
 The burning of non-believers at the stake.

 Pope Innocent IV:

 Officially introduced torture to the inquisition procedure in 1252.

 Encyclical “TertioMillenioAdvenicute”:
 By Pope John Paul II, a pro-life pope who reversed culture of
death.
 Formally apologized past intolerance and use of violence in the
defense of truth.

 Evangelium Vitae:
 By Pope John Paul II, he calls to reject death penalty, abortion,
use of contraceptives and euthanasia.
 This challenges to break away from the “culture of death” espe-
cially treatment of killings.

 Galleys:
 From the middle of 14th century to the beginning of 19th century.
 they were slaves chained to oar the ship
 practiced in Ancient Rome and Greece

 Gaols – also known as Jails (old legal term for Jail)

Gaolers – also known as Jailers
 Hard for poor prisoners but not for the wealthy ones because of
the highest rate of accommodations and other payments.

 The Brank:
 This is a metal frame that was put in the head like a hat and a
painful mouthpiece was inserted in the mouth.

 King Henry VIII (In England)

 He decreed corporal punishment for vagrants in 1531 and penal
slavery in 1547.
 Nobility gets their privileged status in the society.

 Bridewell Institution:
 In 1556 Bridewell England
 Some writers claim that this took place in 1552 during the reign
of King Edward VI
 Established as a workhouse for vagabonds, idlers and rogues.
 Employs a system wherein vagrants and prostitutes were given
works while serving their sentence. This system is called the
Bridewell System.
 This system is utilizing prison labor for benefits of wealthy indi-
viduals and government officials.
 In 1166 A.D. Assize of Clarendon (Constitution of Clarendon) con-
structed the first facility designed solely for public incarceration.
This facility was known as Gaol (known as Jail today). The gaol
was being managed by the Shire Reeve.

 Mercantilism – Capitalism

 Feudalism – Landlords
 Guillotine:
 Introduction of a cleaner and swifter method of executing con-
victs.
 Penitentiary Act:

14
  An act passed in the year 1779, mandated the establishment of a
prison system based on solitary confinement, hard, labour, and
religious instruction.

 Norfolk Prison:
 At Wymondham, England was opened after five years of P.A. of
1779.

 National Penitentiary:
 Of Millbank followed to open in 1821.

 Pentonville National Penitentiary in 1842.

 1895 – A committee tasked to make an assessment of the entire Eng-

lish prison system found it to be a failure and recommended that both
deterrence and reformation should be carried equally as to goal of im-
prisoning convicts or training should be incorporated in the program of
prisoners.

 Fort Santiago in Manila and Fort Pillar in Zamboanga City:

 Built by Spaniards as a defence against pirates and bandits
groups who refuse to recognize the colonial authority of Spain.
 Built thru corvee labour.
 Corvee Labour - Services rendered not for punishment but thru
force labour, abducted at large from general populace by Span-
ish conquistadors.

 Prison Labour in Marseilles, France ( 18th Century )

 Was organized into state factory and was rented out to a group
of merchants. A M.O.A. is signed by the contracting merchant on
state for utilization of able bodied prisoners. This development
sowed the seeds of practice of providing health service.in prisons
to treat medical problems of prisoners.

 Amsterdam, New York (1600’s )

 A place where the first recorded prison in the colonies was estab-
lished.
 Incarceration’s common use was for those undergoing trial and
for those who refused to pay debts other than for punishment.

 Connecticut and Maine:

 Used underground facilities to incarcerate offenders for many
years due to lack of funds for the establishment of formal prison
institution. (New Gate Prison is established and known to be as
“black hole of horrors”)

 Maine State Prison:

 Contained cells in the pits similar to underground cistern that
used to detain offenders undergoing trial and hold sentence of-
fenders where they will be starve to death.
 These pits are entered through an iron grate in the ceiling and
are being used (1828 ).

 The State of Connecticut:

 Used a copper mine at Simsbury from 1773 to 1827 as prison fa-
cilities.
 Prisoners worked in the mines during the day and their ankles
and necks are shackled during night time to prevent escape.

15
 Sing-Sing Prisons:
 Became famous in the world and was the plot of many movies
filmed because of Sing2x Bath inflicted aside from floggings, de-
nial of reading materials and solitary confinement.
 The shower bath was a gadget so constructed as to drop a vol-
ume of water on the head of a locked naked offender.
 The force of icy cold water hitting the head of the offender
caused much pain and extreme shock that prisoners immediately
sank into the comas due to the shock and sudden drop in the
body temperature.
 The Sing-Sing bath becomes more frequent when flogging was
declared illegal in 1847.

 St. Michael Prisons:

 Introduced by Roman Catholic as an innovative prison system for
punishing offenders.
 The prison that was divided into cells and this was first estab-
lished in 1704.
 During the reign of Pope Clement XI
 The prototype of the reformatories for juvenile offenders.
 A proof that retribution and repression is an object failure in the
control of criminality.
 Emphasized the rehabilitative concept and pioneered the segre-
gation of prisoners and force silence to make the prisoners con-
template their wrongdoings.
 Physical torture was minimized and reserved for incorrigibles.
 This was supplanted by mental and psychological stress due to
extreme loneliness of segregation and force labour.
 Convicts are chained in one foot and observing strict rule of si-
lence.
 They listened to religious brothers giving religious teachings.
 Many of the practices pioneered in St. Michael were later
adopted in U.S. in what is now known as the Auburn System of
Imprisonment.

 Walnut Street Jail:

 The first American penitentiary (Philadelphia) adopting the princi-
ples of John Howard of segregating offenders based on sex, age
and mental capacity.

 Australia:
 The biggest penal colony of the world before it become a country.
Prisoners in England were transported in this place in 1790-1875
to avoid decongestion.

 Indiana and Massachusetts:

 first Correctional for Women

 Ossining, New York:

 Mount Pleasant Female Prison in 1837

 New York House of Refuge:

 The first Juvenile Reformatory opened on January 1825
 Followed by Boston house of Reformation in 1826

 State of Massachusetts:
 Reform school for boys at Westborough in 1847
 First Public Institution for Juvenile Delinquent

16
  New Orleans:
 Municipal Boys Reformatory in 1845
Philippines Written Codes

The Philippines Early Codes

 Code of Kalantiao (1433) -first written law in the Philippines that pro-
vides the most extensive and severe law that prescribes harsh punish-
ment.

 Maragtas Code (by Datu Sumakwel)

 Sikatuna Law

The Reformatory Movement

This consisted in the introduction of certain reforms in the correctional

field by certain persons, gradually changing the old punitive philosophy of
punishment (mass treatment, enforce silence, idleness regimented rules and
severe punishment); to a more humane treatment of prisoners with
innovative institutional programs. There was no significant progress in prison
work worth mentioning until the middle of the 19th century. Most of the
prisons established between 1819 and 1870 were constructed on the basis
of a program espousing the punitive philosophy, the features of which were
mass treatment, enforced silenced, idleness, regimented rules and
severe punishment.

There are persons responsible for introducing reforms in correctional

field.
They are:

A. Manuel Montesimos – He was the Director of Prisons of Valencia, Spain

in 1835, who divided prisoners into companies and appointed prisoners
as petty officers in charge; allowed the reduction of inmates sentence,
by one third (1/3) for good behavior; offered trade training to prepare
the convicts for return to society.

B. Domets of France – established an agricultural colony for delinquent

boys in 1839, providing housefathers as in charge of this boys. He con-
centrated on re-education; upon their discharge, the were placed un-
der the supervision of a patron.

C. Alexander Macanoche - as a Superintendent of the Penal Colony at Non

Folk Island in the island in Australia in 1840, he introduced a progres-
sive humane system to substitute, for corporal, punishment, known as
the “mark system” wherein the prisoners was required to earn a num-
ber of marks based on proper department, labor, and study in order to
entitle him to a ticket of leave or conditional release which is similar to
a parole.

Macanoche’s Mark System consisted of five stages:

1. Strict custody upon admission to the penal colony;

2. Work on government gangs;
3. Limited freedom on the island within a prescribed areas;
4. Ticket of leave; and
5. Full restoration of liberty

17
He also introduced other progressive measures such as fair disciplinary trials,
buildings of churches, distributing books and permitting prisoners to tend
small gardens.

D. Sir Walter Crofton – He was the director of the Irish prisons in 1856,
who introduced the Irish system which was later on cared the progres-
sive stage system. The Irish system was gradually a modification of
Manoche’s work system, and consisted of four (4) stages:

1. Solitary confinement of prisons for 9 months, receiving reduced

diet and monotonous work, gradually progressing to a better
treatment towards the end pf the first stage;
2. Assignment to a public works in associating with other convicts;
3. Sending to place which was a sort a preparation for release
where the prisoner worked without custodial supervision. Expos-
ing him to ordinary temptations of freedom; and finally
4. Release of the prisoner of the supervision under conditions
equivalent to parole.

E. Zebulon R. Brockway – He was the superintendent of the Elmira Refor-

matory in New York in 1876 who introduced a new institutional pro-
gram for boys, 16 to 30 years of age. Under this program:
1. A new prisoner was classified as second grade;
2. Promoted to first grade after six months of good behavior;
3. Another six months of good behavior in the first grade qualified
him for parole. However, if the prisoner committed misconduct.
He was demoted to third grade where he was required to show
good behavior for one month before he could be re-classified to
second grade.

The Elmira Reformatory is considered as the fore runner of modern penology

because it had all the elements of a modern correctional system, among
which were: A training school type, that is compulsory education: casework
method; and intensive use of parole based on the indeterminate sentence.

NOTA BENE: An indeterminate sentence is a sentence with minimum and

maximum periods of imprisonment. A prisoner is not eligible for parole
consideration until he has served his minimum sentence.

F. Sir Evelyn Ruggles Brise – was the director of English Prisons who open
the Borstal institution after visiting the Elmira Reformatory in 1897,
such Borstal institutions.
Today are considered as the best reform institutions for young offenders.
This system was based entirely on individualize treatment.

Other Important Personalities in Correction

John Howard (1726-1790)

 He was sheriff of Bedsfordshire in 1773 who devoted his life and
fortune to prison reform.
 Prisoners must be segregated according to sex, age, and gravity
of their offense;
 The jailer or staff must be paid to prevent extortion to prisoners;
a chaplain and a medical officer must be employed to address
the spiritual and medical needs of the prisoners;
 Prisoners should be provided with clothing and food;
 Liquor should be prohibited in jail.
 He designed the Milbank Penitentiary 1812-1821, the first English
Prison
 He published a book in 1777, “State of Prison”

18
 Jeremy Bentham (1748-1832)
 He is the greatest leader in the reform of English Criminal law.
 He designed the panopticon, consisted with a large, cast iron and
glass containing multi- tiered cells around the perimeter with an
observation tower that has a special shutter to prevent the pris-
oners from seeing the guards.

Jean Jacques Philippe Villain

 Established the Maison de Force (The Prison of Ghent)
 Considered to be the Father of Penitentiary Science at Ghent,
Belgium in 1773.

William Penn (1614-1718)

 the governor of the state of Pennsylvania initiated early reforms
in their prison system. He fought for religious freedom and indi-
vidual rights.
 Quaker leader of Pennsylvania
 “Prison should be Penetentiaries”

Rutherford B. Hayes
 Former president of the United States, was elected as the first
president of the National Prison Association.
 PNA Principles:
 Reformation not the vindictive infliction of suffering should be the
purpose of penal treatment.
 Prisoners should be classified on the basis of a mark system.
 Rewards should be provided for good conduct.
 Prisoners should be made to realize that their future rest in their
own hands.
 Indeterminate sentences should be substitute fixed sentences
and disparities in sentences removed.
 Religion and education are the most important agencies of refor-
mation.
 Discipline should be administered so that it gains the cooperation
of the inmate and maintains his self-respect.
 The goal of the prison should be to make industrious free citi-
zens, not orderly and obedient prisoners.
 Industrial training should be fully provided.
 Prisons should be small; separate institutions should be provided
for different types of offenders.
 The social training of prisoners should be facilitated; silence rules
should be abolished.
 Society at large must realize that they are responsible for the
conditions that bleed crimes.

Gaylord B. Hubbell
 Warden of Sing Sing Prison in New York;
 Visited and studied the prisons in England;
 Recommended indeterminate sentences be used in American
prisons;
 Reformatory based upon the concept of an earned early release
if the inmate reformed himself.

Charles Montesiquieu (1689-1755)

 Was a French historian and philosopher who analyzed law as an
expression of justice.
 He believe that harsh punishment would undermine morality and
that appealing to moral sentiments as a better means of prevent-
ing crime.

19
 The Golden Age of Penology/ The Age of Enlightenment in
Penology

The period from 1870 to 1880 was called the “Golden Age of Penology”
because of the following significant events:

 In 1870, the National Prison Association, now American Correc-

tional Association, was organized and its first annual Congress was
held in Cincinati, Ohio. In this Congress the Association adopted a
“Declaration of Principles,” so modern, comprehensive in scope that
when it was revised in the prison Congress of 1933, few amendments
were made. Since founding the Association has held annual congresses
of corrections in has taken active leadership in reform movements in
the field of crime prevention and treatment of offenders.

 In 1872, the first International Prison Congress was held in London.

Representative of the government of the United States and European
countries attended it. As a result of this congress, the International
Penal and Penitentiary Commission, an inter-governmental organi-
zation was established in 1875 with headquarters at The Hague. The
IPPC held international congresses every five years. In 1950, the IPPC
was dissolved in its functions were transferred to the Social Defense
Section of the United Nations.

 The Elmira Reformatory, which was considered as the forerunner of

modern penology, was opened in Elmira, New York in 1876. The figures
of Elmira were a training school type of institutional program, social
casework in the institution, and extensive of parole.

 The first separate institutions for women were established in Indi-

ana, Massachusetts.

The Decline of Reformatory Movement

The Reformatory system movement subsided gradually following the

opening of Elmira because of the founders’ lack of faith in the effectiveness
of the program. The defect of the system was laid on the lack of attempt to
study criminal behavior from which to base treatment. By 1910, it was
generally conceded that the reformatory system of the United States was a
failure in practice. It was not until 1930 that the reformatory idea was
revived as the direct result of the revamp of the educational program of the
Elmira Reformatory.
The Industrial Program Movement

The Elmira Reformatory movement was succeeded by the industrial

prison movement. The U.S commonwealth preferred the Auburn Prison
system to the Pennsylvania Prison system because of its congregated work
program. The value of prison labor began to be recognized in every prison
system because of contribution that the work program gave to the finances
of the institution. As the economic problem during the depression years
became more acute, the need for more income from the operation of the
work programs in prison became more deeply felt. State governments could
hardly afford to provide the funds with which to run the prisons because of
the economic depression that hit the United States before and in the early
1930’s. In this movement, there was an operation of industries inside penal
institution and therefore, considered a noble innovation that help support the
prisons. Nearly every prison, therefore, was converted into a factory engaged
in the manufacture of articles which were sold in the open market for profit.
At about this time, it was observed that there was a sudden increase of
criminality in the United States. Some people attributed the increase of

20
criminality to the depression. The United states Congress created a
Congressional Committee were that the rise in criminality was caused by the
increase in recidivism and repeaters in crime, and that the increase in
recidivism and habitual delinquency was attributed to the abandonment of
the rehabilitation program in penal institutions in favor of the operation of
industries. As a remedial measure, Congress passed a law in 1934, which
in effect, prohibited the sale of prison-made articles to the public, and limited
their use to government-owned institutions and agencies. This law put an
end to the Industrial Prison Movement.
The Six (6) Prison Labor

Six systems of inmate labor used:

1. Contract System – materials were provided by private businesses its

manufacturing process was supervised inside the prison.

2. Piece-price system – materials and the products are produced by the

prisons and bought by the private businesses.

3. Lease system – prison institutions acting like labor firm or labor

agency to private businesses that need manpower.

4. Public Account system – goods and products are owned and manage
by the prison and sold it to the market.

5. State-use system – prisoners provided the labor for state agencies.

6. Public works – prisoners worked in roads and highways construction

Treatment Era of Prisons

Treatment era came after the World War II in 1940’s, this is based on a
medical model of corrections. This concept combined the correction,
reformation and behavioral treatment or psychiatric approach. Inmates
are treated as “clients” or patients” than offenders.

 Individual Treatment – The offender and the therapist develop

a face-to-face relationship. Most individual approaches depict the
offenders as someone who has not developed sufficiently to
manage his own behavior effectively. One reason for this is trau-
matic experiences in early life, the therapist will try to uncover
its causes and let the inmate understand in order to produce ef-
fective behavioral changes.

 Group therapy relies upon the sharing of insights gleaned by

process, making it clear to the client the emotional basis of his or
her criminal behavior. The inability of the inmates to own up re-
sponsibilities must be attack and rid them off as values or self-
concept, for them to accept positive and productive image.

 GGI or Guided Group Interaction is a treatment strategy,

which combines elements of individual treatment, and group
therapy. In GGI the therapist assists the group in uncovering indi-
vidual fears, hidden experiences, and anxieties which act as bar-
riers to conventional behavior.

 Behavior therapy was structured so as to provide rewards for

approved behavior, while punishing undesirable behavior. If the
client was able to follow good behavior rewards will be provided
unto them such as: better housing conditions, better foods, TV
privileges, and the like.

21
 Chemotherapy – involved the use of drugs, especially tranquil-
izers, to modify behavior.

 Neurosurgery – was used on highly aggressive inmates to con-

trol their destructive behavior.

 Sensory Deprivation – is sought to calm disruptive offenders

by denying them the stimulation, which might set off outbursts of
destructive behavior.

 Aversion therapy – is through the use of drugs or electric

shocks in an attempt to teach the offender to associate pain and
displeasure with a certain stimuli, which previously led to crimi-
nal behavior.

Types of Informal Prison Groups according to

Donald Clemmer

 “The Politicians” or “Big Shots. The politicians have achieved

distinction as a group in the prisoner community because of their
checkered criminal careers and participation in one or more noto-
rious crimes. Their chief function in prison consist in seizing
power, and the planning of sabotage, strikes, riots, and future
prison breaks.

 The “Right Guys”. The right guys exert tremendous power and
influence over other inmates in enforcing strict observance of the
“Prisoners’ Code”.

 The “Moonshiners”. The moonshiners comprise those inmates

who engage in the secret manufacture and sale of moonshine
liquor to other inmates. The ingredients of this spirituous concoc-
tion may include shaving lotion, Listerine antiseptic, shoe polish,
rubbing alcohol, sugar stolen from the commissary, and perhaps
other available components. This liquor is in considerable de-
mand by the “long termers,” neurotic prisoners, and depressed
inmates who require exotic stimulation.

 The Dope Peddlers. In many institutions a small informal group

of inmate dope peddlers has the monopoly on the distribution
and sale of narcotics at exorbitant prices to fellow inmates. Nar-
cotics are often smuggled into an institution by unreliable guards
and irresponsible visitors, who act as liaison agents for the drug
traffic.

 The Larceny Boys. The larceny boys make a special business of

stealing the personal belongings of unsuspecting prisoners and
selling the loot to still other inmates.

 The Gambling Syndicate. Gambling in prison is often orga-

nized into a hierarchy consisting of several informal gambling
groups. A monopoly of gambling may exist within the institution
whereby the Kingpin at the top of the hierarchy exacts a toll, tax
or levy from the stakes of each game played.

 Leather Workers. The leather workers consist of one or more

informal groups which devote all of their leisure time to the man-
ufacture of artistic leather goods for sale to the public.

 The Religionists. Many prisons have one or more fanatically re-

ligious groups which believe in giving emotional expression to

22
 their radical religious beliefs at any time or place within the insti-
tution.

 The Homosexuals or “Wolves”. The prison community is ab-

normal in that it is a one-sex community. The prison rules and
regulations strongly disapprove of all types of sex expression.
The resulting sex repression and frustration create an environ-
mental climate within the prison conducive to emergence of ho-
mosexuality, which may take the form of promiscuity, prostitu-
tion, or even “marriage”.

 Manufacturers of Weapons. The prison also has its informal

inmate group secretly engaged in the production and sale of
weapons to other inmates, such as knives, saws, hatchets, black
jacks, whip, and the like.

 The Spartans. The Spartans, an absolutely harmless informal

group, are primarily interested individual and as a group in dis-
playing their physical bodies in the nude. They take great delight
in strutting about the locker rooms, showers and toilets, flexing
their muscles, displaying their sexual organs, and exhibiting their
hair on their breasts as evidence of masculinity.

Prison Lifestyles and Inmates Types according to John Irwin

 The Mean Dude. Some inmates adjust to prison by being mean.

They are quick to fight, and when they fight, they fight like wild
mean (or women). They give no quarter and seem to expect
none in return. Other inmates know that such prisoners are best
left alone. The mean dude receives frequent write-ups and
spends much time in solitary confinement.

 The Hedonist. Some inmates build their lives around the limited
pleasures which can be had within the confines of prison. The
smuggling of contraband, homosexuality, gambling, drug run-
ning, and other officially condemned activities provide the center
of interest for prison hedonists. Hedonists generally have an ab-
breviated view of the future, living only for “now”.

 The Opportunist. The opportunist takes advantage of the posi-

tive experiences prison has to offer. Schooling, trade training,
counseling and other self-improvement activities are the focal
points of the opportunist’s life in prison. Opportunists are the
“do-gooders” of the prison subculture. They are generally well-
liked by prison staff, but other prisoners shun and mistrust them
because they come closest to accepting the role which the staff
defines as “model prisoner”.

 The Retreatist. Prison life is rigorous and demanding. Badger-

ing by the staff and actual or feared assaults by other inmates
may cause some prisoners to attempt psychological retreat from
the realities of imprisonment. such inmates may experience neu-
rotic or psychotic episodes, become heavily involved in drug and
alcohol abuse, or even attempt suicide.

 The Legalist. The Legalist is the “jail house lawyer”. Just like
the mean dude, the legalist fights confinement. The weapons in
this fight are not fists or clubs, however, but the legal “writ”.
Convicts facing long sentences, with little possibilities for early

23
 released through the correctional system, are most likely to turn
to the courts in their battle against confinement.

 The Radical. Radical inmates picture themselves as political

prisoners. Society, and the successful conformists who populate
it, are seen as oppressors who have forced criminality upon
many “good people” through the creation of a system which dis-
tributes wealth and power inequitably. The radical inmates
speaks a language of revolution and may be versed in the writ-
ings of the “great” revolutionaries of the past.

 The Colonist. Some inmates think of prison as their home. They

“know the ropes,” have many “friends” inside, and may feel
more comfortable institutionalized than on the streets.

 The Religious. Some prisoners profess a strong religious faith.

They may be “born again” Christians, committed Muslims, or
even Hare Krishnas. Religious inmates frequently attend ser-
vices, may form prayer groups, and sometimes ask the prison
administration to allocate meeting facilities or create special di-
ets to accommodate their claimed spiritual needs.

Types of Correctional Officers according to John Irwin

 The Dictator. Some officers go by the book; others go beyond it,

using prison rules to enforce their own brand of discipline. The
guard who demands signs of inmate’s subservience, from con-
stant use of the word “sir” or “ma’am” to frequent free
shoeshine, is one type of dictator. Another goes beyond legality,
beating or “making” inmates even for minor infractions or per-
ceived insults. Dictator guards are bullies. They find their coun-
terpart in the “mean dude” inmate.

 The Friend. Friendly officers try to fraternize with inmates. They

approach the issue of control by trying to be “one of the guys”.
They seem to believe that they can win inmate cooperation by
being nice. Unfortunately, , such guards do not recognize that
fraternization quickly leads to unending requests for special fa-
vors from delivering mail to being “minor” prison rules.

 The Merchant. Contraband could not exist in any correctional

facility without the merchant officer. The merchant participates in
the inmate economy, supplying drugs, pornography, alcohol, and
sometimes even weapons to inmates who can afford to pay for
them.

 The Indifferent. The indifferent type of officer cares little for

what goes on in the prison setting. Officers who fit this category
may be close to retirement, or they may be alienated from their
jobs for various reasons. Low pay, the view that inmates are basi-
cally “worthless” and incapable of changing, and the monoto-
nous ethic of “doing time” all combine to numb the professional
consciousness of even young officers.

 The Climber. The climber is apt to be a young officer with an

eye for promotion. Nothing seems impossible to the climber, who
probably hopes eventually to be warden or program director or to
hold some high-status position within the institutional hierarchy.

 The Reformer. The reformer is the “do-gooder” among officers,

the person who believes that prison should offer opportunities for

24
 personal change. The reformer tends to lend a sympathetic ear
to the personal needs of inmates and is apt to offer “arm-chair”
counseling and suggestions.

Types of Female Inmates according to Esther Heffernan

 The Square – Square inmates had few early experiences with

criminal lifestyles and tended to sympathize with prison values
and attitudes of conventional society.

 The Cool – Cool prisoners were more likely to be career offend-

ers. They tended to keep themselves and were generally sup-
portive of inmate values.

 The Life – Life group members were full participants in the eco-
nomic, social, and familial arrangements of the prison. The life
offered an alternative lifestyle to women who had experienced
early and constant rejection by conventional society.

Inmate Work Programs

The Bureau’s work program for inmates has the purpose of keeping
inmates busy and compensating them for their labor in order that they can
be have money for their personal expenses in prison and families. These
work programs are funded from three (3) sources, namely: (1) from
appropriated funds for inmates utilized as janitors, orderlies and other
administrative odd jobs; (2) from the Prison Agro-Industries trust funds for
inmates utilized as farm workers; and (3) from joint ventures such as
TADECO as banana plantation workers, Prison Inmate Labor Contract Office
and Sam sung for handicraft contracts. Inmate workers hired by private
companies earn higher wages as shown.

Inmate Education and Training

As a major program in inmate rehabilitation, the Bureau through its

seven (7) prisons undertakes, there are two types of education and training.
The first is the non-formal education offered by all penal institution; (1) Adult
Literacy (2) applied Training and (3) Orientation. The second is the formal
education offered only at the New Bilibid Prison, which covers College (BS
Commerce), High School, Elementary and Vocational Courses.

Religious Guidance and Counseling

The religious which includes worship and formation, ministerial rites,

para-lethargical and counseling is headed by a religious Guidance Adviser.
Various religious volunteers representing Christian denominations and
Muslim groups attend the spiritual need of the inmates. The influence of
religion in prison life is strong positive factor in the restoration of their faith,
dignity and manhood.

Counseling Defined. A relationship in which one endeavors to help

another solve his problems of adjustments. This implies mutual consent
between the counselor and the client.

Inmate Health Care

The prison Medical Service of the Bureau of Corrections provides

health care to about 18,000 inmates. The Bureau’s biggest hospital has a
five hundred (500) employees. Each of the six (6) other penal institutions has
its own hospital/infirmary with one (1) to three (3) medical officers.

25
 Medical cases that cannot be effectively treated at these
hospital/infirmaries and referred to better equipped government hospitals
outside the prisons, chargeable to the funds of the Bureau. As a standard
procedure, inmates referred other hospital are escorted by security officers
and a members of the medical staff a medical allowance of p.50 (US $0.02) a
day is allotted each inmate.

Visitation Services

Inmates are allowed under supervision to be visited by the families

and duly registered friends from Sunday to Thursday from 9:00 a.m. to 3:00
p.m. daily. Overnight conjugal visits are made only during special holidays
like Christmas, New Year, valentines and Independence Day.

Parole Examination

Then inmates’ carpets or record of service of sentence are submitted

to the Board of Pardons and Parole a month before the expiry of their
minimum sentence including Good Conduct Time Allowance and incentive
imprisonment credits that they may have earned.

Prison Agro-Industries

Prison agro-industries, which are the source of inmates livelihood

programs, are turned into joint ventures with private companies and non-
governmental agencies to improve production output and to provide
adequate work programs for the inmates that will enable them to earn just
compensation while serving their prison sentence. Income fro the Operation
of Agro-industries in partnership whit the private sector augments the
Bureau limited appropriation.

Guidelines Prison Labor in the Philippines

Prison labor of finally convicted inmate:

 A finally convicted able-bodied inmate may be required to work at least
eight (8) hours a day, except on Sundays and legal holidays.

Prison labor of a detainee:

 A detainee may not be required to work in prison. However, he may be
made to police his cell and perform such other labor as may be
deemed necessary for hygienic or sanitary reasons.

Female inmate:
 A female inmate shall only be assigned to work on jobs suitable to her
age and physical condition. She shall be supervised only by women
officers.

Old inmate:
 An inmate over sixty (60) years of age may be excused from manda-
tory labor.
Place of work assignment
 Only medium and minimum security inmates may be assigned to work
in agricultural field projects within a prison reservation. Maximum-se-
curity inmates shall not be allowed to work outside the maximum secu-
rity compound.

Compensation Earned Its Application

 One- half (1/2) of said earnings may be utilized by the inmate to pur-
chase some of his needs. The remainder shall be withheld, to be paid

26
 to him upon release only. In exceptional cases, however, upon satisfac-
tory showing of a necessity for withdrawal, the Director or the Superin-
tendent may authorize the disbursement of any part of the amount re-
tained.

 Withdrawal of earnings – The inmate may, at any time, withdraw from

his compensation earnings in an amount not exceeding one-half (1/2)
of his total earnings. However, in cases of urgent need and at the dis-
cretion of the Superintendent, the whole of his earnings may be with-
drawn. But he may, at any time, withdraw any part or all monies re-
ceive from other sources.

 Payment of trust deposit amount to released inmate – Upon the in-

mate’s discharge from prison he shall be given the full balance of his
deposit.

The Classification Movement

The reorganization or the federal prison system in 1930, stared the

movement for modern correctional reforms. The most recent developments
in individualization of treatment and training of prisoners. State correctional
system have adopted California’s system of diversification by institution and
diversification within the institution in the year 1944. Today, no prison
system which has effectively without this programs. Through such
reorganization the Reception and Guidance Center was established. It’s a
new type of institution for the study of the prisoner and preparation of his
treatment and training program in prison.

Classification and Diversification

The Difference

Classification
Is the placing of prisoners into types
or categories for the implementation
of the best treatment programs. It is
a method by which diagnostic
treatment planning and execution of
treatment programs are coordinated
in individual cases.
Diversification
Is an administrative device of
correctional institutions of providing
varied and flexible types of physical
plants for more effective control of
the treatment programs of its
diversified population. It is the
separation of different types of
inmates for sound execution of their
treatment and custody.

The Classification Process

The rehabilitation program of the prisoner is carried through process of

classification is more than placing prisoners into types or categories it is a
method by which diagnosis, treatment and planning and execution of
treatment program are coordinated in the individual care.

Objectives of Classification Process

The objectives of classification are the development of an integrated and

realistic programs of the prisoner arrived at through the coordination of
diagnosis, planning and treatments activities and an informed continuity of
these activities from arrival to release of the prisoner.

27
 The Three Phases of Classification

1. Diagnosis- this done inside the reception center in which the inmates
will undergo series of test, e.g. physical, mental and medical examina-
tion in other to determine the inmates condition.

2. Treatment Planning- this will takes place in the reception center, which
is a special unit from the prisoner or in the classification clinic of the
prison. (After the staff interview and staff conference is done, it will be
then part of the admission summary)

3. Execution of the Treatment Program- this will takes place in the operat-
ing institution or prison.

Reception and Diagnostic Center (RDC)

(Created by virtue of Administrative Order No. 11 of the Secretary of Justice)

In line with the latest approach to treatment — the individualized or

casework method — it is necessary that prisoners must undergo a
diagnostic examination, study and observation for the purpose of
determining the program of treatment and training best’ suited to their
needs and the institution to which they should be transferred. These
processes take place in the Reception & Diagnostic Center within-the
first (60) sixty days of their commitment to prison. In 1953, the
Reception and Diagnostic Center was established for diagnostic study
of prisoners for more scientific rehabilitation.

The Reception and Diagnostic Center makes possible the careful study
of offenders by a professional staff, the segregation of prisoners based
on scientific methods: the treatment of inmates based upon careful
study of the individual inmate at the time of commitment; the
improvement of institutional programs based on close study of
inmate's characteristics and needs made at the Center; and the
development of research concerning the causes and treatment of
delinquency or crime. The Reception Center is a specialized diagnostic
institution designed to service a big correctional system. It is not a
treatment center.

In order that the Center can accomplish the purposes for which it is
intended, the following basic elements must exist in the correctional
system:

 There must be a sufficient member and variety of institutions or

treatment facilities available to permit placement of each individual in
accordance with his treatment and training needs.

 There must be an integration of plan and program, including the

reception center, treatment facilities in .the prison, and parole
placement and supervision.

 The public must be educated to accept the basic concept of treatment

as opposed to mere punishment.

 There must be a sound philosophy of treatment and training

throughout the entire correctional system.

 There must be good physical facilities and personnel.

The Eight (8) Reception and Diagnostic Center Staff

28
 Psychiatrist: (determines the mental and emotional make-up of the in-
dividual)
 examines the prisoner and prepares an abstract of his findings. The ab-
stract includes a brief statement of the mental and emotional make-up
of the individual with particular reference to abnormalities of the ner-
vous system and the presence of psychoses, psychopathic behavior,
neurotic tendencies, paranoid trends and other special abnormalities.
The psychiatrist makes a recommendation with regard to custody and
transfer and calls attention to any special conditions which limit or indi-
cate special type of work, educational training, recreation or disci-
plinary treatment.

 Psychologist: (determines mental level, general and special abilities,

interests and skills of the inmates)
 interviews the man and administers tests. The psychological abstract
presents a statement of the psychologist's findings with regard to the
mental level, general and special abilities, interests and skills of the
prisoner. The outstanding factors contributing to the maladjustment of
the individual are pointed out. A prognosis for institutional and parole
adjustment based on the inmate's attitudes, characteristics and pecu-
liarities is included. In this abstract, the psychologist makes his recom-
mendation with regard to custody, transfer and general education and
further study and treatment of the man.

 Sociologist: (determines the inmates individual’s social situation and

relationship)
 the prisoner is interviewed by the sociologist. Additional information is
obtained through correspondence with the prisoner's friends, relatives,
and social agencies. The objective facts of the personal history of the
inmate are recorded in the social abstract, which also includes an anal-
ysis and interpretation of the individual's social situation and relation-
ships.

 Educational Counselor: (determines the educational strengths and

weaknesses)
 the inmate is interviewed by the educational officer in order to deter-
mine his educational strengths and weaknesses and to recommend
suitable educational program for him. He conducts orientation classes
in general education in order to change the inmate's attitudes toward
education. He gives counsel to inmates found wanting in educational
needs. He prepares a report of every inmate on general education as
part of the case summary of the inmate.

 Vocational Counselor: (determines the types of vocational training)

 through interview it will obtained a record of the man's former employ-
ment and tests the man to determine his general and special abilities,
interests and skills. The results comprise the vocational abstract and
recommendations are set forth with regard to the types of vocational
training which should be made available to the inmate during his incar-
ceration.

 Chaplain: (look into the religious affiliation)

 The inmate is interviewed by the Chaplain and he is encouraged to
participate in religious worship. The Chaplain's abstract states the reli-
gious affiliation of the prisoner and gives his opinion as to the signifi-
cance of the inmate's religious attitudes in determining his conduct.
The Chaplain makes recommendations with regard to further religious
training.

 Medical Officer: (determines the medical history and physical examina-

tion)

29
 a complete physical examination is given each inmate at which time
his medical history is obtained. The examination covers the major or-
gans of the body, such as the lungs and the heart, and includes tests
of the blood and sense organs. The doctor correlates the patient's pre-
vious health history with present findings in the medical history and
physical examination, plus recommendation for medical treatment.

 Custodial Correctional Officer: (determines the attitude through signifi-

cant observation)
 the Chief of the correctional unit prepares the custodial officer's ab-
stract which includes all significant observations made by the correc-
tional officers of the inmate's behavior and interactions to various situ-
ations in the dormitory, place of recreation, work assignments, etc. The
report includes the custodial officer's recommendations on transfer and
type of custody of the prisoner.

Staff Interview and Staff Conference

The Difference

Staff Interview Staff Conference

a process whereby each inmate
will be interviewed by the eight
staff of the reception center to de-
termines the totality of the in-
mates condition.
a process whereby the eight staff
will convene and create a tenta-
tive treatment program for each
inmate based on the consolidation
findings that they gathered.
Also known as guidance confer-
ence or case conference

The Admission Summary

The written reports submitted by the staff, of the center regarding their
findings on-the prisoners are compiled, and form the admission
summary. The admission summary becomes the, nucleus of the
cumulative case history of the prisoner. It should be prepared in three
copies.

Contents of Admission Summary

 Physical condition;
 Vocational interests, competence and experience;
 Educational status;
 Religious background and interest;
 Recreational interest;
 Psychological characteristics evaluated by the psychiatrist and the psy-
chologist;
 Behavior in the Reception Center, reported by the custodial staff;
 Initial reaction to group psychotherapy or group counseling or other
forms of treatment.

Transfer Out of the Center

When the admission summary is completed, it is forwarded to the

Director of Prisons for approval of the tentative program prepared for
the prisoner, after which the prisoner is then transferred to the
operating institution.

The Classification Committee

30
 (Bureau of Correction)

 The Warden or Superintendent – Chairman

 Deputy Warden for Custody - Asst. Chairman
 Deputy Warden for Classification and Treatment – Member
 Production Manager – Member
 Chief, Medical Services – Member
 Chaplain – Member
 Psychologists or Psychiatrist - Member

Bureau of Prisons to Bureau of Corrections

The basic law on the Philippine Prison System is found in the Revised
Administrative Code. Particularly Sections 1705 to 1751 of said
Code, otherwise known as the Prison Law. Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated
November 1, 1905) as an agency under the Department of
Commerce and Police. Revise Administrative Code of 1987 (E.O. 292)
and Proclamation No. 495 issued on November 22, 1989. Change the
agencies' name to Bureau of Corrections from Bureau of Prisons.
Republic Act No. 10575 The Bureau of Corrections Act of 2013″.
Approved May 24, 2013

The Mandates of the Bureau of Corrections

The BuCor shall be in charge of:

1. Safekeeping and;
2. Instituting reformation programs to national inmates sentenced to
more than three (3) years.

Safekeeping and Reformation

The Difference

Safekeeping Reformation
 refer to the act that ensures shall refer to the acts which
the public (including families of ensure the public (including
inmates and their victims) that families of inmates and their
national inmates are provided victims) that released national
with their basic needs, inmates are no longer harmful to
 completely incapacitated from the community by becoming
further committing criminal reformed individuals prepared to
acts, and have been totally cut live a normal and productive life
off from their criminal networks upon reintegration to the
(or contacts in the free society) mainstream society.
 while serving sentence inside
the premises of the national
penitentiary.
 This act also includes
protection against illegal
organized armed groups which
have the capacity of launching
an attack on any prison camp
of the national penitentiary to
rescue their convicted comrade
or to forcibly amass firearms
issued to prison guards.

31
 Prison Discipline and Preventive Discipline
The Difference

Prison Discipline Preventive Prison

is the state of good order and early correction of minor violations
behavior. Includes maintenance of committed by prisoners before it
good standards of works, sanitation, become serious one.
safety, education, health and
recreation.

Safekeeping of the National Inmates

The safekeeping of inmates shall include decent provision of quarters,

food, water and clothing in compliance with established United Nations
standards.The security of the inmates shall be undertaken by the
Custodial Force consisting of Corrections Officers with a ranking system
and salary grades similar to its counterpart in the BJMP.
Reformation of National Inmates

(1) Moral and Spiritual Program;

(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.

Corrections Technical Officers

are personnel employed in the implementation of reformation programs and

those personnel whose nature of work requires proximate or direct contact
with inmates.

The following are Corrections Technical Officers:

priests, evangelists, pastors, teachers, instructors, professors, vocational

placement officers, librarians, guidance counselors, physicians, nurses,
medical technologists, pharmacists, dentists, therapists, psychologists,
psychiatrists, sociologists, social workers, engineers, electricians,
agriculturists, veterinarians, lawyers and similar professional skills relevant
to the implementation of inmate reformation programs.

Rank in the Bureau of Correction Top Management

 Director General of Corrections (Head of BuCor)

 Deputy Directors of Corrections
 Corrections Chief Superintendent
 Corrections Senior Superintendent
 Corrections Superintendent

Ratio of the Custodial Force

The BuCor shall maintain the custodial personnel-to-inmate ratio of 1:7

32
Reformation personnel-to-inmate ratio of 1:24.

Bureau of Prisons Historical Accounts

(Quick Background)

 Old Bilibid Prison on Oroquieta Street in Manila, which was established

in 1847; this prison became known as the “Carcel y Presidio Correc-
cional”
 August 21, 1870, the San Ramon Prison and Penal Farm in Zamboanga
City was established to confine Muslim rebels and recalcitrant political
prisoners opposed to the Spanish rule;
 San Ramon Established during the tenure of Governor General Ramon
Blanco the facility was originally established for persons convicted of
political crimes.
 Governor Luke Wright authorized the establishment of a penal colony
in the province of Palawan on November 16, 1904. Americans estab-
lished in 1904 the first penal institution Iuhit penal settlement (now
Iwahig Prison and Penal Farm)
 First Superintendent Lt. George Wolfe.
 Col. John R. White of the Philippine Constabulary, who became superin-
tendent of Iwahig in 1906, the colony became a successful settlement.
A merit system was devised for the prisoners and vocational activities
were offered.
 These included farming, fishing, forestry, carpentry, and hospital
paramedical work.
 Iwahig (best open penal institution of the world) is subdivided into four
zones or districts:
 Central sub-colony with an area of 14,700 hectares;
 Sta. Lucia with 9,685 hectares;
 Montible with 8,000 hectares and
 Inagawan with 13,000 hectares.
 On November 27, 1929, the Correctional Institution for Women (CIW)
was created under Act No. 3579 To date, it is the only prison facility for
women In the country;
 Its old name, “Women’s Prison,” was changed to “Correctional Institu-
tion for Women.”
 The Davao Penal Colony was opened in January 21, 1932 under Act No.
3732.
 Governor Dwight Davis signed Proclamation No. 414 on October 7,
1931, which reserved a site for the penal colony in Davao province in
Mindandao.
 Davao Penal Colony is the first penal settlement founded and orga-
nized under Filipino administration.
 During World War II, the Davao penal colony was converted into a con-
centration camp where more than 1,000 Japanese internees were com-
mitted by the Philippine-American Armed Forces.
 Commonwealth Act No. 67 was enacted, for the construction of a new
national prison in the southern suburb of Muntinlupa, Rizal in 1935 The
New Bilibid Prison. It was officially named the New Bilibid Prison on Jan-
uary 22, 1941.
 The NBP Camp Sampaguita or the Medium Security Camp, which was
used as a military stockade during the martial law years.
 Minimum Security Camp, was christened “Bukang Liwayway”.
 Under Proclamation No. 72 issued on September 26, 1954, the
Sablayan Prison and Penal Farm in Occidental Mindoro was established;
 Leyte Regional Prison under Proclamation No. 1101 issued on January
16, 1973.
 FORT BONIFACIO PRISON, formerly known as Fort William McKinley.
The prison was originally used as a detention center for offenders of US
military laws and ordinances.

33
 Before World War II, two national prisons were established by the gov-
ernment which are no longer operational today.
 Corregidor Island, the Island prison and Bontoc Prison in Mountain Prov-
ince.

Bureau of Corrections
(Detailed Background)

 The main penitentiary was the Old Bilibid Prison on Oroquieta

Street in Manila, which was established in 1847. It was formally
opened on April 10, 1866 by a Royal Decree. About four years
later, on August 21, 1870, the San Ramon Prison and Penal Farm
in Zamboanga City was established to confine Muslim rebels
and intractable political prisoners opposed to the Spanish rule.
The facility, which faced the Jolo Sea, had Spanish-inspired dor-
mitories and was originally set on a 1,414-hectare sprawling es-
tate.

 When the Americans took over in the 1900s, the Bureau of Pris-
ons was created under the Reorganization Act of 1905 (Act No.
1407 dated November 1, 1905) as an agency under the Depart-
ment of Commerce and Police. It also paved the way for the
re-establishment of San Ramon Prison in 1907, which was de-
stroyed in 1898 during the Spanish-American War. It placed un-
der the auspices of the Bureau of Prisons and started receiving
prisoners from Mindanao.

 Before the reconstruction of San Ramon Prison, the Americans

established in 1904 the Iuhit penal settlement (now Iwahig Prison
and Penal Farm) on a vast reservation of 28,072 hectares. It
would reach a total land area of 40,000 hectares in the late
1950s. It was located on the westernmost part of the archipel-
ago far from the main town to confine incorrigibles with little
hope of rehabilitation. The area was expanded to 41,007
hectares by virtue of Executive Order No. 67 issued by Governor
Newton Gilbert on October 15, 1912.

 Other penal colonies were established during the American

regime. On November 27, 1929, the Correctional Institution for
Women (CIW) was created under Act No. 3579 to date, it is the
only prison facility for women in the country. The Davao Penal
Colony in Southern Mindanao was opened in January 21, 1932
under Act No. 3732.

 After the liberation of the Philippines, the colony-in-exile in

Palawan returned to its old site in Davao. A great deal of rebuild-
ing and repair had to be done because the war had almost com-
pletely destroyed the colony. In 1953, the colony ventured into
abaca farming. A few years later, a new sub colony was founded
in Kapalong District. In the 1970s, the prison administration en-
tered into a joint venture agreement with a private sector partner
to further explore the potential of the area. Under the agree-
ment, prisoners are to be trained as part of their rehabilitation in
agro-industrial production of fruits like bananas.

 SABLAYAN PRISON AND PENAL FARM: Nearer to Manila than

other penal colonies, the Sablayan Penal Colony is located in Oc-
cidental Mindoro and relatively new. Established on September
26, 1954 by virtue of Presidential Proclamation No. 72, the penal

34
 colony has a total land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees ar-
rived in Sablayan on January 15, 1955. Since then several build-
ings have been constructed, including the colonists’ dormitories,
employees’ quarters, guardhouse, schoolhouse, chapel, recre-
ation hall, and Post Exchange. Three sub-colonies were later or-
ganized. One is a reservation which this day remains part of a
protected rainforest. Another is in a coastal area. The third was
used by the national government as a relocation site for
refugees from the eruption of Mt. Pinatubo eruption in 1991.
Sablayan prison is a facility where prisoners from NBP are
brought for decongestion purposes. It follows the same colony
standards as other penal farms.

 LEYTE REGIONAL PRISON: The Leyte Regional Prison (LRP), situ-

ated in Abuyog, Southern Leyte, was established a year after the
declaration of martial law in 1972 by virtue of Presidential Decree
No. 28. While its plantilla and institutional plan were almost
ideal, lack of funds made the prison unable to realize its full po-
tential and its facilities are often below par compared with those
of other established penal farms. The LRP has an inmate capacity
of 500. It follows the same agricultural format as the main cor-
rectional program in addition to some rehabilitation activities.
The prison admits convicted offenders from Region VI and from
the national penitentiary in Muntinlupa.

 Owing to the increasing number of committals to the Old Bilibid

Prison in Manila, the New Bilibid Prison was established in 1935
in the southern suburb of Muntinlupa, Rizal. The old prison was
transformed into a receiving center and a storage facility for farm
produce from the colonies. It was later abandoned and is now
under the jurisdiction of the Public Estates Authority.

 After the American regime, two more penal institutions were es-
tablished. These were the Sablayan Prison and Penal Farm in Oc-
cidental Mindoro under Proclamation No. 72 issued on September
26, 1954 and Leyte Regional Prison under Proclamation No. 1101
issued on January 16, 1973.

 NEW BILIBID PRISON (NBP): The projected increase in the

prison population prompted the government to plan and de-
velop a new site for the national penitentiary. The growing
urbanization of Manila and constant lobbying by conservative
groups fueled the idea of transferring the Old Bilibid Prison to a
new site, which at the time was considered remote and on the
outskirts of the urban center. Accordingly, Commonwealth Act
No. 67 was enacted, appropriating one million pesos for the con-
struction of a new national prison in Muntinlupa.

 On November 15, 1940, all inmates of the Old Bilibid Prison in

Manila were transferred to the new site. The new institution
had a capacity of 3,000 prisoners and it was officially
named the New Bilibid Prison on January 22, 1941. The
prison reservation had an area of 587 hectares, part of which
was arable. The prison compound proper had an area of 300 x
300 meters or a total of nine hectares. It was surrounded by
three layers of barbed wire.

35
 The institution became the maximum security compound in the
‘70s and continues to be so. The camp houses not only death
convicts and inmates sentenced to life term, but also those with
numerous pending cases, multiple convictions, and sentences of
more than 20 years.

 After World War II, there was a surfeit of steel matting in the in-
ventory and it was used to improve the security fence. In the
late ‘60s, fences were further reinforced with concrete slabs. In
the 1980s, the height of the concrete wall was increased and
another facility was constructed, 2.5 kilometers from the main
building. This became known as Camp Sampaguita or the
Medium Security Camp.

 On January 22, 1941 the electric chair was transferred to New

Bilibid Prison. The death chamber was constructed in the rear
area of the camp when the mode of execution was through elec-
trocution. Today, it is a security zone where those convicted of
drug offenses are held.

 The NBP expanded with the construction of new security facili-

ties. These were the Medium Security Camp, which was used as
a military stockade during martial law and the Minimum Security
Camp, whose first site was christened Bukang Liwayway. This
was transferred to another site within the reservation where the
former depot was situated.

 The increase in the prison population has affected the segrega-

tion system. Several foreign funded projects dot the prison reser-
vation, among them, the Half-Way House and the Juvenile Train-
ing Center. Both projects are supported by funds from Japan
through the representation of the Interdisciplinary Committee
of National Police Commission (NAPOLCOM).

 CORRECTIONAL INSTITUTION FOR WOMEN (CIW): In a report

dated January 22, 1959, submitted to a committee created by
Administrative Order No. 287 by the President of the Philippines,
it was noted that “before a separate building was constructed
especially for women prisoners, all female convicts were confined
at the Old Bilibid Prison on Azcarraga St., Manila. The male pris-
oners were confined in dormitories near the women’s quarters.
Because of these conditions, vocational activities of the women
prisoners were limited to embroidery. When they became ill, the
women were confined in a separate building which served as a
hospital with nurses and prison physicians. When women prison-
ers needed surgery, they were operated on at the Bilibid Prison.
After the operation, they were transferred to the infirmary for
convalescence”.

 Prison authorities were aware of the conditions that the women

prisoners had to endure. Consequently, the transfer of the
women to a separate site became inevitable. After a series of
negotiations started by Prison Director Ramon Victorio, the Philip-
pine Legislature passed Republic Act No. 3579 in November,
1929. It authorized the transfer of all women inmates to a build-
ing in Welfareville at Mandaluyong, Rizal and appropriated P60,
000 for the move.

 On February 14, 1931, the women prisoners were transferred

from the Old Bilibid Prison to the building especially constructed
for them. Its old name, “Women’s Prison,” was changed to “Cor-

36
 rectional Institution for Women.” This was in keeping with
emerging trends in penology, which emphasized correction
rather than punishment. Convicts were brought back into the so-
cial mainstream adjusted and rehabilitated with a better outlook
in life.

 CIW, according to a Senate report, occupied 18 hectares. The

original structure was a one-story building which housed the of-
fice, the brigades, mess hall, kitchen, chapel, infirmary, bath-
rooms and employees’ restrooms. The building has a central
courtyard with trees and flowering plants. The prisoners’ voca-
tional activities were expanded to include poultry and piggery as
well as cultivation of crops, flowers and fruits. Living quarters for
the institution’s employees were later constructed in the com-
pound.

 During the Japanese occupation, the CIW, despite a drastic reduction in the num-
ber of its employees, continued with its work. A number of female military prison-
ers were also confined in the institution. They were later freed by the U.S. Army.

 After the war, the CIW resumed its normal operations. Weekly catechism classes
were introduced. A dental clinic was built. Local telephones were installed in the
guards’ quarters. The Bureau of Public Works made major repairs on the main
building and a workshop and infirmary were constructed for the inmates’ use.
The infirmary during that time could accommodate around 16 patients. In 2000, a
new four-story building was constructed by the Department of Public Works
within the grounds of CIW. It eased the growing congestion in the facility. The
CIW, with a capacity for only 200 inmates, had to accommodate 1,000 inmates.

 FORT BONIFACIO PRISON: A committee report submitted to then President

Carlos P. Garcia described Fort Bonifacio, formerly known as Fort William McKin-
ley, as a military reservation located in Makati, which was established after the
Americans came to the Philippines. The prison was originally used as a de-
tention center for offenders of US military laws and ordinances. After the libera-
tion of the Philippines, the reservation was transferred to the Philippine govern-
ment, which instructed the Bureau of Prisons to use the facility for the confine-
ment of maximum security prisoners. For several years, incorrigibles were mixed
with political prisoners (those convicted of rebellion) at the Fort Bonifacio facility
until June 30, 1968, when it was converted into a prison exclusively for political
offenders. After a bloody April 1969 riot at the Muntinlupa facility, however, incor-
rigible prisoners from Muntinlupa were transferred to Fort Bonifacio. During the
administration of President Diosdado Macapagal, the Fort was renamed Fort An-
dres Bonifacio. The correctional facility was also renamed Fort Bonifacio
Prison. The one-story building now stands on a one-hectare area. The Fort Boni-
facio Prison continued to be a satellite prison of the national penitentiary even af-
ter martial law was lifted. It was only in the late 1980’s that the facility was va-
cated by the Bureau of Prisons.

 IWAHIG PENAL COLONY: This facility was established during the American oc-
cupation. It was however; during the Spanish regime that Puerto Princesa was
designated as a place where offenders sentenced to banishment were exiled. A
specific area of Puerto Princesa was selected as the site for a correctional fa-
cility. The American military carved out a prison facility in the rain forest of Puerto
Princesa. The institution had for its first Superintendent Lt. George Wolfe, a
member of the U.S. expeditionary force, who later became the first prisons direc-
tor. Governor Luke Wright authorized the establishment of a penal colony in the
province of Palawan on November 16, 1904. This penal settlement, which origi-
nally comprised an area of 22 acres, originally served as a depository for prison-
ers who could not be accommodated at the Bilibid Prison in Manila. In 1906,
however, the Department of Commerce and Police (which later became the De-
partment of Public Instruction) moved to turn the institution into the center of a
penal colony supervised in accordance with trends at the time. Through the
department’s efforts, the Philippine Commission of the United States government
passed Act No. 1723 in 1907 classifying the settlement as a penal institution. The
settlement was at first beset by attempted escapes. But under the supervision of

37
 Col. John R. White of the Philippine Constabulary, who would become superin-
tendent of Iwahig in 1906, the colony became a successful settlement. A merit
system was devised for the prisoners and vocational activities were offered.
These included farming, fishing, forestry, carpentry, and hospital paramedical
work. Prisoners could choose the vocational activities they wanted.

 In 1955, Administrative Order Number 20 was promulgated by the President and

implemented by the Secretary of Justice and the Secretary of Agriculture and
Natural Resources. This order allowed the distribution of colony lands for culti-
vation by deserving colonists. The order also contained a list of qualifications for
colonists who wished to apply for a lot to cultivate, the conditions for the settler’s
stay in his land, loan requirements and marketing of the settlers’ produce. Lots
granted did not exceed six hectares.

 On August 16, 1959, a committee was created by President Carlos P. Garcia to

study the state of national prisons. Accordingly, prisoners in Iwahig were divided
into two groups: the settlers and colonists. The settlers are those engaged in
farming for their own benefit; they are the ones whose applications for land to
cultivate have been approved. The government furnishes the land and initial re-
quirements for tools, dwellings and beast of burden. They are required to reim-
burse expenditures incurred for their maintenance and that of their families out of
the products of their farms. Upon their release from the colony, they receive
whatever amount of money they have credited in their favor, after deducting the
obligations they have. Iwahig is subdivided into four zones or districts: Central
sub-colony with an area of 14,700 hectares; Sta. Lucia with 9,685 hectares; Mon-
tible with 8,000 hectares and Inagawan with 13,000 hectares. Recent develop-
ments and presidential proclamations have dramatically reduced the size of the
prison reservation of Iwahig.

 SAN RAMON PRISON AND PENAL FARM: According to historical accounts, the
San Ramon Prison was established in Southern Zamboanga on August 21, 1870
through a royal decree promulgated in 1869. Established during the tenure of
Governor General Ramon Blanco (whose patron saint the prison was named af-
ter), the facility was originally established for persons convicted of political
crimes. Considered the oldest penal facility in the country, prisoners in San Ra-
mon were required to do agricultural work. During the Spanish-American War in
1898, the prisoners in San Ramon were hastily released and the buildings de-
stroyed. In 1907, the American administration re-established the prison farm. In
1912, Gen. John Pershing, chief executive of the Department of Mindanao and
Sulu, classified the institution as a prison and penal colony and therein confined
people sentenced by the courts under his jurisdiction. Under Pershing’s supervi-
sion, several buildings with a capacity for 600 prisoners were constructed. After
several years, the colony became practically self-supporting, with 75,000 coconut
trees, which were planted at the beginning of Pershing’s administration, con-
tributing to the colony’s self-sufficiency. Aside from coconuts, rice, corn, papaya
and other crops were also cultivated. On November 1, 1905, Reorganization Act
No. 1407 was approved creating the Bureau of Prisons under the Department of
Commerce and Police, integrating the Old Bilibid Prison, San Ramon Penal
Colony and Iwahig Penal. The Philippine Coconut Authority took over manage-
ment of the coconut farm from San Ramon. In 1995, Congresswoman Maria
Clara Lobregat proposed the transfer of San Ramon Prison to Bongiao town, in
the mountainous area of Zamboanga, to give way to a special economic zone.

 DAVAO PENAL COLONY: The Davao Penal Colony is the first penal settlement
founded and organized under Filipino administration. The settlement,
which originally had an area of approximately 30,000 hectares in the districts
of Panabo and Tagum, Davao del Norte, was formally established on January
21, 1932 by virtue of Act No. 3732. This Act authorized the Governor-General to
lease or sell the lands, buildings and improvements in San Ramon Prison and
Iwahig Penal Colony. It also granted authority to the Secretary of Justice to es-
tablish a new prison and penal colony in a suitable public land. A budget of
P500,000 was allocated. Several committees were created to pick a suitable
site for the penal settlement. In accordance with the recommendation of these
committees, Governor Dwight Davis signed Proclamation No. 414 on October 7,
1931, which reserved a site for the penal colony in Davao province in Mindan-
dao. The site offered ideal conditions for agricultural activities. During World War

38
 II, the colony was converted into a concentration camp where more than 1,000
Japanese internees were committed by the Philippine-American Armed Forces.
The Japanese were treated in accordance with the orders of the American com-
manding officer.

 On December 20, 1941, the Japanese Imperial Forces attacked Davao and the
colony was among the establishments taken over by the invading army. The en-
tire settlement was thrown into confusion and a great number of prisoners es-
caped. Normal operations were inevitably disturbed. November 8, 1942, a repre-
sentative of the Director of Prisons transferred the colony and its properties to the
Japanese authorities. The remaining colony employees, their families and the in-
mates evacuated to Iwahig where they organized the Davao Penal Colony at Ina-
gawan sub colony (Palawan). The organization of the colony in exile was autho-
rized by virtue of Memorandum Order No. 60 dated June 28, 1943 and signed by
the Director of Prisons.

 In 1940, the entire prison population including security facilities and equipment
were transferred to a new site in Muntinlupa. A portion was left to serve as the
Manila office of the Bureau of Prisons. Remaining edifices were used to house
the Manila City Jail. The office was used as a holding center for inmates with
pending court cases in the City of Manila. In 1980, however, when the national
leadership moved to claim the area for another project, the remaining office
was transferred to New Bilibid Prison. It has since been reclaimed and turned
into a station of the Mass Railway System traversing the area. The prison occu-
pied a quadrangular piece of land 180 meters long on each side, which was for-
merly a part of the Mayhalique Estate in the heart of Manila. It housed a building
for the offices and quarters of the prison warden, and 15 buildings or depart-
ments for prisoners that were arranged radially to form spokes. The cen-
tral tower formed the hub. Under this tower was the chapel. There were four
cell-houses for the isolated prisoners and four isolated buildings located on the
four corners of the walls, which served as kitchen, hospital and stores. The
prison was divided in the middle by a thick wall. One-half of the enclosed
space was assigned to Presidio prisoners and the other half to Carcel prisoners.
The Laurel report continued: “In 1908, a concrete modern hospital with a capacity
of 200 beds as well as new dormitories for the prisoners, were added.” A carpen-
try shop was organized within the confines of the facility. For some time, the shop
became a trademark for fine workmanship of furniture made by prisoners. At
the time, sales of handicrafts were done through the institutions and inmates
were compensated depending on the availability of funds. As a consequence, in-
mates often had to sell or barter their products.

 The Bureau of Prisons was renamed Bureau of Corrections under the New Ad-
ministrative Code of 1987 and Proclamation No. 495 issued on November 22,
1989. It is one of the attached agencies of the Department of Justice.

 In the early days of the Bureau of Corrections (formerly Bureau of Prisons), penal
institutions were established, closed or transferred to new sites. These included
the Old Bilibid Prison, New Bilibid Prison, and Correctional Institution for Women,
Fort Bonifacio Prison, Iwahig Penal Colony (now Iwahig Prison and Penal
Farm), San Ramon Prison and Penal Farm, Davao Prison and Penal Farm,
Bontoc Prison, Sablayan Prison and Penal Farm and Leyte Regional Prison.

 OLD BILIBID PRISON: A 1969 Senate Report prepared by Senator Salvador

Laurel described the Old Bilibid Prison as “the main insular penitentiary designed
to house the prison population of the country.” This prison was known as the
“Carcel y Presidio Correccional” and could accommodate 1,127 prisoners. The
Carcel was designed to house 600 prisoners who were segregated according to
class, sex and crime while the Presidio could accommodate 527 prisoners. To-
day it is used as City Jail of Manila and known to be as “May Haligue Street”.

The Birth of Reception and Diagnostic Center

The first RDC facility was created in Building of the Maximum Security
Compound of the New Bilibid Prison in 1953; RDC was transferred to
Sampaguita Camp in 1973. The RDC was turned into a Therapeutic
Community Camp on February 6, 2003.

39
 Bureau of Correction Operations

Purpose of confinement
 To segregate and ;him from society; and
 To rehabilitate.

Basic principles
 Discipline
 Reformation
 Safe custody of inmates.

Carpeta and Prison Record

The Difference

Carpeta Prison Record

refers to the institutional record of
an inmate which consists of his
mittimus /commitment order, the
persecutor’s information and the
discussion of the trial court,
including that the appellate court, if
any;
refers to information concerning an
inmate’s personal circumstances,
the offense he committed, the
sentence imposed, the criminal case
numbers in the trial and appellate
courts, the date he commenced
service of his sentence, the date of
expiration of his sentence, the
number of previous convictions, if
any, and his behavior or conduct
while imprison.

Reception and diagnostic Center/ Therapeutic Community - shall

receive, study and classify inmates, within 60 days.

Quarantine –inmate shall be placed in quarantine for a least five (5) days
during which he shall be-

 Physical and mental examination

 Oriented with prison rules; and
 Interviewed by a counselor; social workers or other program staff
officers.

In (55) days the inmate shall undergo psychiatric, psychological, sociological,

vocational, educational and religious and other examinations. The results of
said examinations should be the basis for the inmate’s individualized
treatment program.

RDC is a special unit in prison, which operates not as prison, detention nor
treatment or prisoners, but only provides the process of classification of
prisoners for their treatment and rehabilitation process.

Before a prisoners is admitted to the operating institution, he must stay at

RDC for 60 days where he will undergo staff interview, examinations,
documentation and initial classification, this is also known as diagnostics
examination. After the diagnosis of the total personality of the prisoner, a
treatment plan will be provided for the prisoner’s rehabilitation and early
release. Before the treatment programs be executed the prisoner will be
inform of its treatment programs and the penalties and policies of prison.
Then the prisoner will not submit himself and cooperate with treatment
program provided for him.
Objectives of RDC

40
 1. To develop an integrated and realistic programs for the prisoner
through the coordination of diagnosis, treatment planning and treat-
ment activities.
2. Provide and guide the prisoner or the continuity of the treatment
from its commitment to release.

Functions of RDC

1. To examine each offender for contagious disease and treat or im-

munize them against such diseases;
2. To conduct orientation program and provide inmates with ex-
ploratory vocational experience in order to keep them profitably
occupied;
3. To collect and study the social history of each offender;
4. To administer achievement, personality and intelligence test to de-
termine his capacities and potentialities;
5. To evaluate his emotional make-up through psychiatric interviews
and observation;
6. To hold periodic classification meetings to review each individual
case ad make final decisions;
7. To make recommendations as to treatment, custody and transfer
to a suitable institution;
8. To conduct follow-up work to ensure that the recommendations are
carried out;
9. To conduct research studies this will contribute to a better under-
standing of the causes of crime, prevention of delinquency, the re-
habilitation of offenders.

Requirement for the Admission of Inmates in Bureau of Corrections

 Mittimus/ Commitment Order of the court;

 Information and Court decision in the case;
 Certification of detention, if any; and
 Certification that the case of the inmate is not on appeal.

Classification of Inmates as to Security Risk

Maximum Security (uniform color is tangerine or orange) – this shall

include highly dangerous or high security risk inmates as determined by the
Classification Board who require a degree of control and supervision. Under
this category are-

 those sentenced to death;

 those whose minimum sentence is twenty (20) years imprisonment;
 Remand inmates or detainees whose sentence is twenty (10) year and
above and those whose sentences are under the review by the
Supreme Court or the Court of Appeals.
 Those with pending cases;
 Recidivists, habitual delinquents and escapees;
 Those confined at the Reception and Diagnostic center;
 Those under disciplinary punishment or safekeeping; and
 Those who are criminally insane or those with severe personality or
emotional disorders that make them dangerous to fellow inmates or
the prison staff.

Medium Security (uniform color is blue) – this shall include those who
cannot be trusted in less secured areas and whose conduct or behavior
require minimum supervision.

 those whose minimum sentence is less than twenty (20) years impris-
onment;

41
  remand inmates or detainees whose sentences are below twenty (20)
years;
 those who are more than 18 years of age and below, regardless of the
case and sentence;
 those who have two (2) or more records escapes. They can be classi-
fied as medium security inmates if they have served eight (8) years
since they were recommitted. Those with one (1) record of escape
must serve five (5) years; and
 first offenders sentenced to life imprisonment.
 They may be classified as medium security if they have served five (5)
years in maximum security prison or less, upon the recommendation of
the Superintendent.
 Those who were detained in a city and / or provincial jail shall not be
entitled to say classification.

Minimum Security (uniform color is brown) – this shall include those who
can be reasonably trusted to serve their sentences under less restricted
conditions.

 those with a severe physical handicap as certified by the chief medical

officer of the prison;
 those who are sixty-five (65) years old and above, without pending
case and whose convictions are not on appeal;
 those who have served one –half (1/2) of their minimum sentence or
one-third (1/3) of the maximum sentence, excluding Good Conduct
Time Allowance (GCTA)
 those who have only six (6) months more to serve before the expira-
tion of their maximum sentence.
(The color of the uniform of detainee is gray)

Trustee:

an inmate of a jail who has been assigned to a status of “trust” because he is

considered by the jail or prison administrator to be sufficiently responsible
given wider range of work with less supervision than average prisoners. They
are given the status of trust because of their proven or trusted behavior
demonstrated while serving sentence. They are given a work assignment
that would assist the custodial force they are known as “Bastoneros”, giving
security force in meal distribution, transportation and other work.

Admission Procedure in Prison

 Receiving – prisoners from city or provincial jails where transferred

in the national prison after conviction by final judgment if the
penalty is more than three years. The prisoners are received at the
Reception and Diagnostic Center for examinations.

 Checking – this include the checking of papers and other docu-

ments of prisoner by the prison administrator, such as travel docu-
ment or commitment order issued by judge.

 Identification – proper identification of prisoner is done through his

picture and fingerprint.

 Searching – this involves frisking and searching hidden dangerous

things or weapons and other contraband.

 Orientation – this is the reading of rules and regulations of the

prisons.
 Assignment – prisoner is sending to quarantine unit for a period of
seven to ten days.

42
 Classification of Inmates as to
Entitlement of Privileges
 Detainee;
 Third Class inmate – one who has either been previously commit-
ted for three (3) or more times as a sentenced inmate, except
those imprisoned for non-payment of a fine and those who had
been reduced from a higher class;
 Second Class inmate – a newly arrived inmate; an inmate de-
moted from first class; or one promoted from the third class;
 First Class inmate – one whose known character and credit for
work while in detention earned assignment to this class upon
commencement of sentence; or one who has been promoted
from the second class.
 Colonist.
Qualifications of a Colonist

 be at least a first class inmate and has served one (1) year im-
mediately preceding the completion of the period specified in the
following qualifications;
 has served imprisonment with good conduct for a period equiva-
lent to one fifth (1/5) of the maximum term of his prison sen-
tence, or seven (7) years in the case of a life sentence.

Privileges of a Colonist

 Credit of an additional GCTA of five (5) days for each calendar

month while he retains said classification aside from the regular
GCTA authorized under Article 97 of the RPC (not applicable un-
der present law) ;

 Automatic reduction of the life sentence imposed on the colonist

to a sentence of thirty (30) years;

 As a special reward to a deserving colonist, the issuance of a rea-

sonable amount of clothing and ordinarily household supplies
from the government commissary in addition to free subsistence;
and

 To wear civilian clothes on such special occasions as may be des-

ignated by the Superintendent.

Privilege of an Inmate in Visiting Relatives Who Died

 To view the remains of a deceased relative and all its supporting

documents shall be filed with the Superintendent at least two (2)
days before the enjoyment of the privilege sought.

 Inmate may be allowed more or less three (3) hours to view the
deceased relative in the place where the remains lie in state.

 The privilege may be enjoyed only if the deceased relative is in a

place within a radius of thirty (30) kilometers by road from the
prison. Where the distance is more than thirty (30) kilometers,
the privilege may be extended if the inmate can leave and return
to his place of confident during the daylight hours of the same
day.

Time-Release Education

Thirty (30) days prior to his scheduled date of release, an inmate is

transferred to the Separation and Placement Center for the purposes of

43
reorientation with the ways of free society. Service of Non-Governmental
Organization and their religious sector are made possible to the offenders
prior to release from prison to assist in their reintegration to society.

Release

The authorities who approve the release of an inmate are:

a. The Directors of the Bureau of Corrections upon the expira-

tion of the sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases
of acquittal of the accused prisoner or grant of bail.
d. The President of the Philippines in cases of Executive
Clemency or Amnesty.

A release prisoner is supplied by the bureau with transportation fare

to his home plus gratuity of fifty pesos (P50.00) to cover the cost subsistence
en route, and suit of decent clothes.

Prison and Jail

The Difference

Prison
a penitentiary, an institution
for the imprisonment of per-
sons convicted of major/seri-
ous crimes.
Jail
a place of confinement for
those who are awaiting for
trial or are those serving
short sentences.

a place of confinement for

those who are serving more primarily adult penal
than 3 years of imprison- institution used for the
ment. detention of law violators,
which is administered by a
is a confinement facility province, city and
having custodial authority municipality.
over an individual sentenced
by a court to imprisonment,
which is administered by a The word Jail derived or origi-
national government. nated from the Spanish word
“Caula or Jaula”, meaning
cage.
The word Prison derived or
originated from the Greco-
Roman “Presidio”.

44
 Lock Up Jail

This is a security facility, usually operated by the police department, for the
temporary detention of persons held for investigation or awaiting trial.

Creation of Provincial Jail

(Administered and Management by Provincial Government)

SECTION 468. (4) (vii) Establish and provide the maintenance and
improvement of jails and detention centers, institute a sound jail
management program, and appropriate funds for the subsistence of
detainees and convicted prisoners in the province; R.A. 7160

The Provincial Jail

The Provincial Jail System was first established in 1910 under the
American regime. Each of the seventy-six (76) provinces has a Provincial Jail
is headed by a Provincial Jail Warden which is appointed by the Provincial
Governor, as well as provincial jail guards with conformity with the Civil
Service Law. The DILG serves as the supervising agency in every Provincial
Jail.

The management of our Provincial Jails and its program of

rehabilitation are dependent upon the Provincial Warden and the provincial
government. Most of the Provincial Jails today are faced with the congestion
problem and funds. Today, there are twenty-one (21) provincial government
that have constructed their respective sub-provincial jails to house prisoners
whose prison terms range from six (6) months and one (1) day to three (3)
years. There are now a total of 812 (as of 1993) offenders confined in these
jails, which is being handled by 203 jails guards and personnel. The seventy-
six (76) Provincial Jails have confined 9,865 (as of 1993) offenders and still
growing. These offenders are being provided with 2,439 provincial guards’
task to secure and provide reformation unto them.

Who is a Prisoner?

 a prisoner is a person who is under the custody of lawful authority.

 any person detained/confined in jail or prison for the commission of a
criminal offense or convicted and serving in a penal institution.
 a person committed to jail or prison by a competent authority for any
of the following reasons: to serve sentence after conviction, trial or in-
vestigation.

General Classification of Prisoners

 Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They are
prisoners under the jurisdiction of courts.

 Sentenced Prisoners

45
offenders who are committed to jail or prison in order to serve their sentence
after final conviction by a competent court. They are prisoners under the
jurisdiction of penal institutions.

 Prisoners who are on safekeeping

includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior.

Classification of Sentenced Prisoner

(P.D. 29)

 Insular or National Prisoners

sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.

 Provincial Prisoners
sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years
or a fine not more than 1, 000.00 pesos or both.

 City Prisoners
those sentenced to suffer a term of imprisonment from 1 day to 3 years or a
fine of not more than 1,000.00 pesos or both.

 Municipal Prisoners
those confined in Municipal jails to serve an imprisonment from 1 day to 6
months.

Classification of Detainees

The three (3) types of detainees are those:

 Undergoing investigation;
 Awaiting or undergoing trial; and
 Awaiting final judgment.

The BJMP Doctrines and Practices

Legal Basis:

 Sec. 60, R.A. 6975- the Bureau of Jail Management and Penology here
in after referred to as the jail bureau, is hereby created initially consist-
ing of the existing officers and non- uniform members of the office of
the jail management and penology as constituted under P.D. 765 under
the defunct PCINP.

 Sec. 61 R.A. 6975- provides that the Jail Bureau shall exercise supervi-
sion and control over city and municipal jails. The provincial jails, shall
be supervised and controlled by the provincial government within its
jurisdiction, whose expense shall be subsidized by the National Govern-
ment for not more than 3 years after the affectivity of this act, and
shall plan and program funds for the subsistence allowance of the of-
fender and conduct research, develop and implement plans and pro-
grams for the improvement of jail services throughout the country.

 Sec. 62 ibid- the jail bureau shall be headed by chief with the rank of
Director and assisted by a deputy with the rank of chief superinten-
dent. The central office serves as the main office staff, which is com-
posed of three ranking official members, six (6) directorial staff groups,
and four personal staff groups.

The Three (3) Ranking Officials in the BJMP:

46
  Chief BJMP
 Deputy Chief
 Chief of Staff

The Six (6) Directorial Staff

 Directorial for personnel

 Directorial for operations
 Director logistics
 Director for comptrollership
 Director for research plans and programs
 Director for inspection and investigation

SIX SPECIAL STAFF GROUP SHALL BE WITH THE PRESENT CHIEF

OF EACH OFFICE

 General Services Unit

 Health Services Unit
 Chaplain Services Unit
 Supplies and Accountability office
 Finances Service Unit
 Hearing Office Unit

The Personnel Staff Group

 Inspectorate Office
 Community Relation office
 Legal office
 Internal office

Guidelines in Reception
and
Admission Procedures in Jails

Step 1. Checking of Credentials by the Desk Officer:

Carefully Examines the Following Documents:

 Commitment Order/ Mittimus;

 Information;
 Medical Certificate
 Police Booking Sheet

Entries to be scrutinized in the documents:

 Name of Detainee /Prisoner;

 Branch of Court (RTC /MTCC /MTC /MCTC)
 Offense Charged
 Case Number
 Signature of the Judge/Medical Officer
 Official Seal

Step 2. Search of detainee/prisoner by the Searcher

 Strip Searching of Detainee/Prisoner;

47
  Taking all cash and other personal property from the inmate and
issue receipt;
 Turn-over all cash and valuables of the inmate to the Property
Custodian for safe keeping with official receipts.

Step 3. Physical examination/appraisal by the Jail Medical personnel

 Conduct a thorough medical examination of the inmate and

check for body vermin, cuts, bruises and other injuries and for
needle marks to determine if he/she is a drug dependent.
 Observe the mental alertness, overall appearance, physical ab-
normalities, rashes, scratches or other identifying marks of the
inmate.
 Inmate found with contagious disease or with psychological prob-
lems be immediately isolated/segregated from other inmates.
 A medical record is accomplished to include medical history(Vital
Signs: PB, Pulse Rate & Temperature)
 Compare the findings with the medical certificate Issued by the
Medico-legal Officer upon his entry in jail.

Step 4. Taking of fingerprints and photograph, accomplish a jail

booking, and complete the documents required in the Carpeta.

Accomplish the Following Documents:

 Fingerprint Specimen Sheet;

 Jail Booking Report/Sheet;
 Profile of Escapee;
 Security Risk Factor Scoring Card;
 Detainee’s Manifestation;

In addition to the above enumerated documents, the Carpeta should

also contain the following, to wit:

 Commitment Order / Mittimus;

 Complaint;
 Information;
 Pending Warrant;
 Subpoena;
 Decision/Judgment;

Step 5. Orientation of inmate to jail rules and policies and about

Article 29 of the RPC/ R.A. 6127 (detainee’s manifestation) by the
chief custodial or the officer of the day.

Appraise the detainee, preferably in the dialect which he/she

understands, that under Article 29 of the Revised Penal Code, as
amended by R.A. 6127, that his her preventive imprisonment shall be
credited in the service of his/her sentence, consisting of deprivation of
liberty for the whole period he/she is detained if he/she agrees
voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners; Provided, that he/she is not a recidivist, or
has not been previously convicted twice or more times of any crime;
and when, upon being summoned for the execution of his/her
sentence, he/she surrendered voluntarily.

Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:

48
 a. Chairman - Deputy Warden
b. Member - Chief, Custodial/Security Office
c. Member - Medical Officer/ Public Health Officer
d. Member - Jail Chaplain
e. Member - Inmates Welfare and development
Officer

Mittimus and Commitment Order

The Difference

Mittimus Commitment Order

Is a warrant issued by court
bearing its seal and signed by the
judge directing the prison/jail
authorities to receive inmates for
custody or service of sentence
imposed therein.
Is a warrant issued by court
bearing its seal and signed by the
judge directing the prison/jail
authorities to receive inmates for
custody while waiting for trial.

Duties and Functions of the Classification Board:

The Classification Board is tasked to conduct background investigation of

inmates to determine the work assignment, type of supervision and degree
of custody and restrictions under which an inmate must live in jail. The
investigation shall focus on:

 Facts and data of the present case;

 Earlier criminal history and if he/she is a recidivist or habitual
delinquent, the facts about his/her attitudes and behavior while
confined in other institutions;
 Biography or life history;
 Medical History;
 Vocational, recreational, educational and religious background/in-
terests;
 Psychological characteristics as evaluated by the psychiatrist and
psychologist.

Disciplinary Board

The board is tasked to implement discipline inside the jails just in case there
are violation of existing rules and policies.

COMPOSITION:
 Chairman- assistant warden
 Members- chief security officer, medical/ public health officer, so-
cial worker/ rehabilitation officer

The board is tasked to investigate the facts of the alleged

misconduct referred to it by the warden:

Authorized Disciplinary Penalties:

 Reprimand
 Temp or permanent cancellation of some or all recreational privi-
leges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only
 Closed confinement

49
 Transfer to another facility with court coordination

Limitation of Punishment

 No female inmate is subjected to any disciplinary punishment

which might affect her unborn or nursing child
 No impaired or handicapped inmates shall be meted out with
punishment
corporal and inhuman punishment is prohibited
 Medical examination is required when solitary or extra fatigue
punishment is imposed
 Jail physician may recommend termination of punishment on
grounds of physical or mental health

Procedure in Hearing Disciplinary Cases

 The aggrieved inmate shall inform any member of the custodial

force of the violation, the letter in turn, officially report the mat-
ter to the desk officer. If one of the employees knows of the vio-
lation committed by the inmate, a brief description of the circum-
stances surrounding or leading to the reported violation and all
facts relative to the case shall be made.

 The desk officer shall simultaneously inform the warden station/

substation commander, as the case may be and shall immedi-
ately cause the investigation. He shall submit to the warden his
report together with his recommendations.

 The warden shall evaluate the report and if he believes that

there is no sufficient evidence to support the alleged violation,
he shall dismiss the case. If he believes there exist sufficient evi-
dence, he shall decide the case and impose the necessary
penalty in case of minor violation. If the case is less grave or
grave, he shall endorse it to the board for hearing or decide it
himself as a summary disciplinary officer if there is no disci-
plinary board.

 The inmate shall be confronted to the reported violation and ask

how he pleads to the charge. If he admit the violation or pleads
guilty, the board shall impose the corresponding punishment.

 If the inmate denies the charge, the hearing shall commence

with the presentation of evidence and other witnesses by the
desk officer. The inmate shall then be given the opportunity to
defend himself by his testimony and those of his witness, if any,
and to present other evidences to prove his innocence.

 After the hearing, the board shall decide the case on the merits.

 Whether the inmate is found guilty or not, he should be advised

to obey the rules and regulations strictly and reminded that the
good behavior is indispensable for his early release and or the
granting of privileges.
 Decision of the board/ summary disciplinary officer is subject to
the review and approval by the warden and / or the higher au-
thority. The inmate may request a review and approval by the
and/ or the higher authority. The inmate may request a review on
the findings of the board and the propriety of the penalty to the
central office, BJMP decision shall be final.

Punishable Acts inside the Jail:

50
Minor Offenses:

 selling or bartering with fellow inmates items not classified as

contraband.
 rendering personal services to fellow inmates.
 Untidy or dirty in his personal appearance.
 Littering or failing to maintain cleanliness and orderliness in his
quarter and/ or surroundings.
 Making frivolous or groundless complaints
 Taking the cudgels or reporting complaints
 Late reporting to duty without jurisdiction reason; and
 Willful waste of food.

Less Grave Offense:

 Failure to report for work detail without sufficient justification.

 Failure to render assistance to an injured personnel or inmates.
 Failure to assist in the putting out of fire inside the jail.
 Acting boisterously during religious, social and other groups func-
tion.
 Swearing, cursing or using profane language directed personally
toward other person.
 Malingering or reporting as sick to escape work assignment.
 Spreading rumors or maliciously intriguing against honor of any
persons, particularly members of the custodial force.
 Failing to stand at attention and give due respect when con-
fronted by or reporting to any officers or member of the custodial
force.
 Forcing fellow inmate to render services to himself and/ or others
 Exchanging uniform or wearing clothes other than those issued
to him the purposes of circumventing jail rules.
 Loitering or being in an unauthorized place.
 Using the telephone without authority
 Writing, defacing or drawing on walls, floor or any equipment.
 Withholding information which is inimical and prejudicial to the
jail administration.
 Possession of lewd or pornographic literature and photographs.
 Absence from cell, brigade, place of work during head count or at
any time without justifiable reason; and
 Failing to turn over any implements/ article issued after the de-
tails.
 Committing any act prejudicial to or which is necessary to good
order and discipline.

Grave Offense:

 Making untruthful statement or lies in official communication,

transaction, or investigation.
 Keeping or concealing keys or locks of places in the jail where it
is off limits to offender.
 Giving gift, selling to, or bartering with jail personnel
 Keeping in his possession money, jewelry or other contraband
which the rules prohibit.
 Tattooing others or allowing himself to be tattooed, or keeping
any paraphernalia for tattooing.
 Forcibly taking or extracting money from fellow inmates.
 Punishing or inflicting injury upon himself or other inmates.
 Receiving, keeping, taking or imbedding liquor and other prohib-
ited drugs.
 Making , improvising or keeping any kind of deadly weapon.

51
  Concealing or withholding information on plans of attempted es-
cape.
 Unruly conduct and behavior and flagrant of discipline and in-
structions.
 Helping, adding or abetting others to escape.
 Fighting causing any disturbance or participating there in and/ or
agitating to cause such disturbance or riot; and
 Indecent , immoral or lascivious acts which by himself or other
and/ or allowing to be subject of such indecent, immoral or las-
civious acts.

Punishable Acts inside Jail:

 Willful disobedience to lawful orders issued by an officer or mem-

ber of the custodial forces.
 Assaulting any officer or member of the custodial force.
 Damaging any government property or equipment issued to the
inmates.
 Participating in any kangaroo court, unauthorized or irregular
court conducted with disregard for or perversion of legal pro-
ceeding of a mock court by offender in jail/ prison.
 Affiliating oneself to any gangs or faction whose main purpose is
to ferment regionalism or to segregate them from others.
 Failing to inform the authorities concerned when afflicted with
any communicable disease like VD, etc.
 Committing any act, which is in violation of any ordinance, in
which case he shall separately be prosecuted criminally in accor-
dance with law.

Plan for Escapes or Jailbreaks

The following are the basic guidelines in dealing with jailbreaks:

 The control center shall immediately sound the alarm and inform
the warden in case of escape.
 At the first sound of the alarm, the inmates shall be locked in
their respective cells.
 All the first personnel, custodial and non-custodial force shall
make themselves available for deployment.
 Personnel who have inmates under their care shall remain on
duty; take their accounting at the time of the emergency.
 A simultaneous institution-wide count shall be made to deter-
mine the numbers of inmates who escaped identities estab-
lished.
 As soon as the identities of the escapees are established, it shall
be published and all police precincts be immediately notified.
 Radio and television stations should be immediately notified.
 Recovery teams shall be sent out to all known liars, hangouts.
 In case of mass jailbreaks, all the members of the custodial force
shall issued firearms and resigned to critical post to block the es-
cape routes.
 If an officer is held hostage, reasonable caution should be made
to ensure his/ her safety.
 If the warden is held hostage, for all intents and purposes he
ceases to exercise authority and the next in command shall take
the action.
 Maximum force shall be deployed for escapes found holding on in
an area to pressure them to surrender and avert their move-
ments and an investigation shall commence thereafter.

Extinction of Criminal Liability

52
 The criminal liability of the person is extinguished into two instances
the partial and total extinction of the criminal liability of the convicted felon.

Total Extinction of Criminal Liability

1. By marriage of the offended woman

Marriage of the offender with the offended woman after the

commission o any of the crimes of rape, Seduction, Abduction, or Acts
of Lasciviousness must be contracted by the offender in good faith.
The marriage contracted only to avoid criminal liability is devoid or has
no legal effects and that the criminal liability of the offender is not
extinguish.

2. By the death of the convict, as to the personal penalties; and as to pe-

cuniary penalties, liability thereof is extinguished only when the death
of the offender occurs before final judgment.

If the offender died before final judgment its pecuniary or civil liabilities
is extinguished. But, if the convict died after final judgment the
pecuniary penalties or civil liabilities is not extinguished. If the
offended party died it does not extinguished the civil and criminal
liability of the offender due to the reason that the offense is committed
against the state.

3. By service of sentence

Crime is a debt by the offender as a consequence of his wrongful act

and the penalty is the amount of his debt. When the payment is made,
the debt is extinguished. After the convict has served its sentence its
criminal liability is extinguished but does not include the civil liability.

4. By amnesty, which completely extinguishes the penalty and all its ef-
fects:

Amnesty defined. It is an act of the sovereign power granting oblivion

or a general pardon for a past offense. And is rarely, if ever, exercised
in favor of a single individual and is exerted in behalf of certain classes
of persons; who are subject to trial but have yet been convicted.
However, amnesty maybe granted after conviction. All its civil liabilities
are being extinguished also.

5. By absolute Pardon

Absolute Pardon defined. It is an act grace proceeding from the power

entrusted with the execution of the laws, which exempts the individual
on whom it is bestowed from the punishment, the law inflicts for the
crime he has committed.

Pardon will only extinguished the punishment of crime upon

acceptance of the grantee. Once pardon is accepted by the grantee
the pardon already delivered cannot be revoked by the authority,
which granted pardon.

As practiced in the Philippines, there are two kinds of pardons, namely,

the absolute and conditional pardons.

Absolute Pardon - is one, which is given without any condition

attached to it. The purposes of this kind of pardon are:

53
 1. To do away with the miscarriage of justice - Under the present
method of judicial procedure justice is not guaranteed. It is possible
to convict innocent person, as it is possible for criminals to escape
the hands of justice. When an innocent convict has no more
recourse through courts, the remedy is absolute pardon. The power
of the President to pardon offenders on the grounds of innocence is
rarely exercised because the criminal procedures are liberal in
granting a new trial in the case of an offender has no more legal
remedy will pardon of this nature be given. If so exercised, absolute
pardon is granted after an exhaustive investigation is conducted
and upon recommendation of the Secretary of Justice.

2. To keep punishment abreast with the current philosophy, concept or

practice of criminal justice administration - A criminal act, because
of changing scheme of social values, may become non-criminal at a
later date. Therefore, persons serving imprisonment at the time of
the repeal of the law abolishing the crime may be extended
absolute pardon. For example, a person serving imprisonment for
black-marketing of gasoline when this commodity was rationed may
after the repeal of the law on black-marketing be extended absolute
pardon.

3. To restore full political and civil rights of persons who have already
served their sentence and have waited the prescribed period. The
greatest number of application for absolute pardon come from ex-
prisoners who desire to be restored their political and civil rights. In
the Philippines, the Office of the President laid down the policy to
grant absolute pardon to ex-prisoners ten years from the date of
their release from prison. Recently the policy was relaxed, thereby
shortening the waiting period of five years. The waiting period is
required to give the offender an opportunity to demonstrate that he
has established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office
or the right to suffrage, unless such rights are expressly restored by the
terms of pardon. A pardon does not exempt the offender from the payment
of civil indemnity imposed upon him by the sentence. Absolute pardon totally
extinguishes the criminal liability but not the right of the offended party to
enforce the civil liability against the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid
down the doctrine that the absolute pardon removes all that is left of the
consequences of conviction, and that it is absolute in so far it restores the
pardonee to full civil and political rights.

In another case, the supreme Court reiterated the doctrine laid down
on the Cristobal vs. Labrador case and elucidated further that “an absolute
pardon not only blots out the crime but removes all disabilities resulting from
the conviction; and that when granted after the term of imprisonment has
expired, absolute pardon removes all that is left of the consequences of
conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the Chief

Executive, while amnesty is a blanket pardon granted to a group of prisoners,
generally political prisoners. Pardon is exercised when the person is

54
already convicted while amnesty may be given before trial or investigation is
had.

In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, “pardon is granted by the Chief
Executive and such it is a private act which must be placed and proved by
the person pardoned, because the courts take no notice thereof; while
amnesty is by proclamation with concurrence of Congress, and it is a public
act which the courts should take judicial notice. Pardon is granted to one
after conviction, while amnesty is granted to classes of persons who may be
guilty of political offenses, generally before or after the institution of criminal
prosecution and sometimes after conviction. “

Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the

following:

1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc.

10, Par. 2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any
election law may be granted without favorable recommendation of
the Commission of Elections. “(Art. X, Soc. 2, Par. 2 Constitution of
the Philippines)”
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only be

given after final conviction. Cases pending trial or an appeal are still within
the exclusive jurisdiction of the courts hence, pursuant to the theory of
separation of powers, the Chief Executive has no jurisdiction over the
accused.

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:

1. By conditional Pardon

A conditional pardon delivered and accepted is considered a contract

between the sovereign power of the executive and the convict that the
former will release the latter upon compliance with the condition.

2. By Commutation of Sentence

Commutation defined. Is an act of clemency by which an execute act

changes a heavier sentence to a less serious one or a longer term to a
shorter term.

It is a change of decision of the court, made by the Chief Executive by

reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment or the amount of the fine.

Purpose of Commutation of Sentence

a. to break the rigidity of the law;

b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.

Instances where commutation is provided by law:

55
 1. When the convict who is sentenced to death is over 70 years of age;
2. When the justices of the Supreme Court fail to reach a decision for
the affirmation of the death penalty.

In either case, the degree of penalty is reduced from death to reclusion

perpetua. In commutation of sentence, consent of the offender is not
necessary. The public welfare not his consent determines what shall be done.

3. By Good Conduct Time Allowance (RA 10592)

The conduct of any prisoner in any penal constitution shall entitle him
to the following deductions from the period of his sentence;

 First two years of imprisonment – twenty (20) days of allowed

deduction for each month of good behavior;
 Third of fifth year – twenty three (23) days allowed deduction
of each of good behavior;
 Sixth to the tenth year – twenty five (25) days allowed deduc-
tion for each month of good behavior;
 Eleventh and success years – thirty (30) days allowed deduc-
tion for each month of good behavior.

 At any time during the period of imprisonment, he shall be al-

lowed another deduction of fifteen days, in addition to numbers
one to four hereof, for each month of study, teaching or mentor-
ing service time rendered.

 Remember: An appeal by the accused shall not deprive him of

entitlement to the above allowances for good conduct.

Special Time Allowance (RA 10592)

 Special time allowance for loyalty. – A deduction of one fifth of

the period of his sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours fol-
lowing the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in said article.

 A deduction of two-fifths of the period of his sentence shall be

granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.

 “This Article shall apply to any prisoner whether undergoing pre-

ventive imprisonment or serving sentence.”

Authority to Grant

 Director of the Bureau of Corrections, the Chief of the Bureau of

Jail Management and Penology and/or the Warden of a provincial,
district, municipal or city jail shall grant allowances for good con-
duct. Such allowances once granted shall not be revoked.”

Conditional Pardon - Conditional Pardon serves the purpose of

releasing, through executive clemency, a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the parole law does not
apply to him. Thus a prisoner serving a determinate sentence or life

56
imprisonment is excluded from the benefits of the parole law. However, when
this prisoner has already been reformed, he may be released on conditional
pardon.

Nature of Conditional Pardon

Conditional Pardon is in the nature of a contract, so that it must first

be accepted by the recipient before it takes effect. The pardonee is under
obligation to comply strictly with the conditions imposed therein, otherwise,
his non-compliance will result to the revocation of the pardon. (Art. 95, RPC).
If the pardonee violates any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will
be sentenced to serve an imprisonment of prison correctional. However, if
the penalty remitted by the granting of such pardon be higher than six years,
the pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)

How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the

prisoner, his family or relative, or upon the recommendation of the prison
authorities. The petition or request is processed by the Board of Pardons and
Parole. The Board shall determine if the prisoner has served a sufficient
portion of his sentence; his release is not inimical to the interest of the
community; and that there is a likelihood that the offender will not become a
public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President.
If the case is premature, the petitioner is so informed.

Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional

pardon, the following points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner
should be disregarded.
2. Due (but not undue) regard should be given the attitude of the people
in the community from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison –
social, economic, psychological and emotional backgrounds – should
be carefully investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the release
of a prisoner who is already reformed in order that he can continue to serve
his sentence outside of the institution, thus giving him the opportunity to
gradually assume the responsibilities of a free man. Both releases are
subject to the same set of conditions will subject the parolee or pardonee to
be recommitted to prison. The only difference between the two is the
granting authority. In parole the granting authority is the Board of Pardons
and Parole, while in conditional pardon, the granting authority is the
President.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or

conditions as the parolee. Among the conditions usually imposed on
pardonees and parolees are the following:

57
 1. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining the
consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he
needs not get the permission of the Board, although he may so inform
his parole officer (Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will
reside) or to such officer as may be designated by the Executive Officer
of the Board of Pardons and Parole during the first year once a month
and, thereafter, once every two months or as often as he may be
required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall
avoid places or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine
Constabulary or any officer designated by the Executive Officer of the
Board to visit him at reasonable times at his place of abode or
elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an
orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive
Officer may from time to time make.

Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant pardon

is very broad and exclusive. It is not subject to review by the courts. Neither
does congress have the right to establish conditions nor provide procedure
for the exercise of pardon. Under these circumstances, it is therefore possible
that unscrupulous Chief Executive can abuse his power. In fact, nearly every
presidential election the alleged abuse of the pardoning power has come up
as campaign issue against the incumbent President. The truth of the charge
has never been investigated, but the fact that the alleged anomaly is aired
publicly is an indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the

pardoning power. First is the constitutional provision that the President may
be impeached for a willful violation of the Constitution. This is enough
deterrent for the Chief Executive to abuse this power. Second, is the policy of
the Office of the Chief Executive, ever since the time of the American
Governors General, to approve pardon cases, which are favorably
recommended by the Board of Pardons and Parole. Although this policy does
not wholly bind the President, seldom, if ever, has it been disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors. It is
possible for an innocent to get convicted, as it is possible for a criminal to
escape the hands of justice. An innocent man may not be able to present
evidence to prove his innocence, or may not have the money to hire a good
counsel. Many of our penal laws are outmoded and are no longer kept
abreast with current trends of criminal justice administration. Judges are
limited by laws to the use of discretion they may exercise in any given case.
Under any of the above circumstances, an injustice may result, which can
only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be

sufficiently protected against the ex-prisoner if the latter is released through
parole or conditional pardon. Unfortunately, not all sentences are

58
indeterminate so that some prisoners are deprived of the privilege of parole.
Therefore, pardon is necessary for the prisoners who do not fall under the
parole law.

OTHER FORMS OF EXECUTIVE CLEMENCY

AMNESTY

Amnesty is a general pardon extended to groups of persons and is

generally exercised by executive clemency with the concurrence of
Congress. Usually the recipients of amnesty are political offenders, although
there are some exceptions. For example, President Truman issued two
proclamation granting amnesty to unnamed persons, one at the end of World
War II in 1945 and another at the end of the Korean Conflict in 1952. In these
cases, the persons have been convicted of crimes against the United States
but were pardoned by terms of proclamation for having served in the armed
forces for at least a year during the conflicts. Those who did so received
pardons without having to apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47 O.G.
6168, stated that the “purpose of amnesty is to bring about the return of
dissidents and recalcitrant elements of our population to their homes and the
resumption by them of their lawful pursuits, or occupations, as loyal and law-
abiding citizens, to accelerate the rehabilitation of the war-devastated
country, restore peace and order, and secure the welfare and happiness of
the communities.”

Amnesty looks backward and abolishes and puts into oblivion the
offense itself. It so overlooks and obliterates the offense with which he is
charged that the person released by amnesty stands before the law as
though he had committed no offense.

Amnesty is extended to convict as well as persons who have not yet

been tried by the court. Some of the proclamations of amnesty are as
follows:

1. Proclamation No. 51 – This proclamation was issued by the

late President Manuel Roxas on January 28, 1948, granting amnesty
to those who collaborated with the enemy during World War II.

2. Proclamation No. 76 – This was issued by President Elpidio

Quirino on June 21, 1948, extending amnesty to leaders of the
Hukbolahap and Pambansang Kaisahan ng mga Magbubukid (PKM).
The amnesty applied to crimes of rebellion, sedition, illegal
association, assault, resistance and disobedience to persons in
authority and illegal possession of firearm.

3. Proclamation No. 51 – was issued in order to attain the

following objectives: To pardon those commited crimes against the
security of the State who have changed their hostile attitude
towards the government and have voluntarily surrendered with their
arms and ammunitions. To get the dissidents back into the fold of
law abiding citizens. To gather the loose firearms.

COMMUTATION

Commutation is an act of clemency by which an executive act changes a

heavier sentence to a less serious one or a long term to a shorter term. It
may alter death or life sentence to a term of years. Commutation does not
forgive the offender but merely reduces the penalty of life sentence for a
term of years.

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 Purposes of Commutation

Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and
unusually cruel. For example, a law making qualified theft, the stealing
of young coconuts from trees, or fish from the fishpond, or sugar cane
from the sugar cane field. Qualified theft imposes an unusually heavy
penalty on the culprit, which is greatly misappropriated to the value of
article stolen. Even if the judge would want to impose a light penalty,
he could not do so because his hands are tied by the provision of the
law. The sentence in this case may be reduced by commutations of
sentence.

2. To extend parole in cases where the parole law does not apply -
Commutation enables the recipient to be released on parole when his
sentence does not allow him parole, like, for example, when the
sentence is determinate or life sentence, or when the prisoner is
serving two or more sentences. The sentence may be changed to an
indeterminate sentence by commutation to enable the recipient to
receive parole after serving the minimum of the sentence.

3. To save the life of a person sentenced to death - This is one of the most
common uses of commutation of sentence. In the Philippines, 95% of
death penalty cases are commuted to life imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme

Court, the condemned man or the head of the prison system (Director of
Prisons) may file a petition for commutation. The prisoner is subjected to a
social, psychological and psychiatric examination by the Staff of the
Reception Center. The inquiry will include the sociological history of the
prisoner, his criminal history, mental psychological capacities, work history,
etc., the purpose of which is to determine the degree of involvement in crime
the prisoner is in, and to determine if he deserves to be given a new lease in
life. The petition is then forwarded to the Board of Pardons and Parole,
together with the reports of examinations of the reception and Diagnostic
Center and the recommendation of the Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will
deliberate on a recommendation after a careful study of the papers,
including the reports of the Reception and Diagnostic Center. It will them
forward the petition, including its recommendation to the President. The
President will then act on the petition. In giving or denying commutation, the
President may not follow the recommendation of the Board of Pardons and
Parole.

REPRIEVE

Reprieve is a temporary stay of the execution of the sentence. Like

pardon, the President can only exercise reprieve when the sentence has
become final. Generally, reprieve is extended to death penalty prisoners. The
date of the execution of sentence is set back several days to enable the
Chief Executive to study the petition of the condemned man for commutation
of sentence or pardon.

Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum

sentence the prisoners serves because of good behavior while in prison. This

60
is called “good conduct-time “and is given by the law as motivation for good
behavior while serving sentence in prison. Article 97, Revised Penal Code,
provides good conduct time allowance to all sentences under the following
schedules:

“Good Conduct time allowance is automatically applied to reduce the

sentence but may be taken away from the prisoner if he fails to obey the
rules and regulations of the prison. However, good conduct time allowance
may be remitted as a reward for exceptional services the prisoner may
render to the prison administration, or after the lapse of some time when the
prisoner has sufficiently demonstrated that he has reformed.

“If the prisoner does not forfeit his statutory good conduct time allowance
through misbehavior, he is released at time earned. He is released under
supervision as if on parole and subjected to all parole condition which, if
violated, will result in the issuance of a warrant, revocation of his release,
and the requirement that he return to prison to serve the maximum term.”

This form of conditional release is used in Federal, Kentucky, Kansas,

North Carolina and Wisconsin correctional institutions. The release of the
prisoner is mandatory when the accumulated time deducted from the
sentence for good behavior and work credits makes it mandatory to release
the prisoner. The Board of Parole does not participate in the selection
process. This form of release does, however, enable the parole staff to
provide supervision for a period of time by which his release has been
advanced for good behavior as though the offender was on parole. The
released prisoners are subject to the regulation and control of parole.

In the Philippines, the prisoner who is released from prison after

serving his sentence less the good conduct time allowance, is released
without any condition and is considered to have served his sentence in full.

Act No. 2489, otherwise known as the Industrial Good Time Law,
provides that when a prisoner has been classified as trusty or penal
colonists, he is given an additional 5 days time allowance for every month of
service. A prisoner serving life sentence has his sentence automatically
reduced to 30 years of imprisonment upon attaining the classification of
trusty or penal colonists.

PROBATION

Probation - A term coined by John Augustus, from the Latin verb

"probare" – which means to prove or to test.

Probation is a procedure under which the court releases a defendant

found guilty of a crime without imprisonment subject to the condition
imposed by the court and subject to the supervision of the probation service.
Probation may be granted either through the withholding of sentence
(suspension of imposition of a sentence) or through imposition of sentence
and stay or suspension of its execution. The former generally considered
more desirable.

History of Probation

The origins of probation can be traced to English criminal law of the

Middle Ages. Harsh punishments were imposed on adults and children alike
for offenses that were not always if a serious nature. Sentences such as
branding, flogging, mutilation and execution were common. During the time
of King Henry VIII, for instance, no less than 200 crimes were punishable by
death, many of which were minor offenses.

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 This harshness eventually led to discontent in certain progressive
segments of English society concerned with the evolution of the justice
system. Slowly, yet resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain
from applying statuses or could opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could be
charged with a lesser crime. Also, benefit of clergy, judicial reprieve,
sanctuary, and abjuration offered offenders a degree of protection from the
enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good
behavior," a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain
courts in due time began suspending sentences.

In the United States, particularly in Massachusetts, different practices

were being developed. "Security for good behavior," also known as good
aberrance, was much like modern bail: the accused paid a fee as collateral
for good behavior. Filing was also practiced in cases that did not demand an
immediate sentence. Using this procedure, indictments were "laid on file" or
held in abeyance. To mitigate unreasonable mandatory penalties, judges
often granted a motion to quash based upon minor technicalities or errors in
the proceedings. Although these American practices were genuine
precursors to probation, it is the early use of recognizance and suspended
sentence that are directly related to modern probation.

Two names are most closely associated with the founding of probation:
Matthew Davenport Hill, an 18th century English barrister and judge, and
John Augustus, a 19th Century Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing

of youthful offenders to one-day terms on the condition that they be returned
to a parent or guardian who would closely supervise them. When he
eventually became the Recorder of Birmingham, a judicial post, he used a
similar practice for individuals who did not seem hopelessly corrupt. If
offenders demonstrated a promise for rehabilitation, they were placed in the
hands of generous guardians who willingly took charge of them. Hill had
police officers pay periodic visits to these guardians in an effort to tack the
offender's progress and to keep a running account.

John Augustus, the "Father of Probation," is recognized as the first

true probation officer. Augustus was born in Woburn, Massachusetts, in 1785.
By 1829, he was a permanent resident of Boston and the owner of a
successful boot-making business. It was undoubtedly his membership in the
Washington Total Abstinence Society that led him to the Boston courts.
Washingtonians abstained from alcohol themselves and were convinced that
abusers of alcohol could be rehabilitated through understanding, kindness
and sustained moral suasion, rather than through conviction and jail
sentences.

In 1841, John Augustus attended police court to bail out a "common

drunkard," the first probationer. The offender was ordered to appear in court
three weeks later sentencing. He returned to court a sober man,
accompanied by Augustus. To the astonishment of all in attendance, his
appearance and demeanor had dramatically changed. Augustus thus began
an 18-year career as a volunteer probation officer. Not all of the offenders
helped by Augustus were alcohol abusers, nor were all prospective
probationers taken under his wing. Close attention was paid to evaluating
whether or not a candidate would likely prove to be a successful subject of

62
probation. The offender's character, age and the people, places and things
apt to influence him/her were all considered.

Augustus was subsequently credited with founding Investigations, one

of three main concepts of modern probation, the other two being Intake and
Supervision. Augustus, who kept detailed notes on his activities, was also the
first to apply the term "probation" to this process of treating offenders. By
1858, John Augustus had provided bail for 1,946 men and women, young and
old. Reportedly, only ten of this number forfeited their bond, a remarkable
accomplishment when measured against any standard. His reformer's zeal
and dogged persistence won him the opposition of certain segments of
Boston society as well as the devotion and aid of many Boston
philanthropists and organizations. The first probation statute, enacted in
Massachusetts shortly after this death in 1859, was widely attributed to his
efforts.

Following the passage of that first statute, probation spread gradually

throughout the United States and subsequently to many other countries. The
juvenile court movement contributed greatly to the development of
probation as a legally recognized method of dealing with offenders. The first
juvenile court was established in Chicago in 1899. Formalization of the
concept of Intake is credited to the founders of the Illinois juvenile court.
Soon after, thirty states in turn introduced probation as a part of juvenile
court procedure. Today, all states offer both juvenile and adult probation. The
administrative structure of probation varies widely from state to state. In
some states, probation and parole are combined. There are state-
administered probation systems and locally administered systems. In New
York, probation is locally administered under the general supervision of the
state.

Probation in New York State had its official beginning in 1901, with the
enactment of the first probation in the state. One of the commission's
recommendations in its report to the Legislature resulted in the creation of
the New York State Probation Commission in 1907. Until the late 1920s, this
commission coordinated probation work in various parts of the state,
encouraging the statewide development of probation services, the planned
and promoted standards of practice, and guidelines for monitoring local
probation services.

In 1917, a State Division of Probation was established within the NYS

Department of Corrections, and in 1928 the Office of the Director of
Probation was created. The State's Division of Probation remained within the
Department of Corrections until 1970 when it was organized as a separate
state agency within the Executive Department. The Director of the NYS
Division of Probation then became a gubernatorial appointee, directly
accountable to the governor.

As a result of additional statutory changes, local probation

departments, which prior to the early 1970s were responsible to the
judiciary, followed they NYS Division of Probation's lead. In 1974, all local
probation directors were made accountable to their respective chief county
officials, or in the case of New York City, the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of

the state division. The name was changed to the New York State Division of
Probation and Correctional Alternatives, enhancing the division's ability to
foster the development and effective implementation of local community-
based corrections. A present, the New York City Department of Probation is
second only in size to the Los Angeles County department.

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 History of Probation in the Philippines

Probation was first introduced in the Philippines during the American

colonial period (1898 - 1945) with the enactment of Act No. 4221 of the
Philippine Legislature on 7 August 1935. This law created a Probation Office
under the Department of Justice. On November 16, 1937, after barely two
years of existence, the Supreme Court of the Philippines declared the
Probation Law unconstitutional because of some defects in the law's
procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would
establish a probation system in the Philippines. This bill avoided the
objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives, but
was pending in the Senate when Martial Law was declared and Congress was
abolished. In 1975, the National Police Commission Interdisciplinary drafted a
Probation Law. After 18 technical hearings over a period of six months, the
draft decree was presented to a selected group of 369 jurists, penologists,
civic leaders and social and behavioral scientists and practitioners. The
group overwhelmingly indorsed the establishment of an Adult Probation
System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult

Probation Law of 1976, was signed into Law by the President of the
Philippines. The operationalization of the probation system in 1976-1977 was
a massive undertaking during which all judges and prosecutors nationwide
were trained in probation methods and procedures; administrative and
procedural manuals were developed; probation officers recruited and trained,
and the central agency and probation field offices organized throughout the
country. Fifteen selected probation officers were sent to U.S.A. for orientation
and training in probation administration. Upon their return, they were
assigned to train the newly recruited probation officers. The probation
system started to operate on January 3, 1978. As more probation officers
were recruited and trained, more field offices were opened.

Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly

considered as an independent subject. It is only a phase of penology, and
therefore, it must be viewed in its relation to other aspects of the
enforcement of the criminal laws and its proper perspective. It is a part of an
entire structure and only a single feature of a well-rounded correctional
process. Probation is a form of treatment of the convicted offender. It is not a
clemency, pity or leniency to the offender, but rather a substitute for
imprisonment. There are some offenders who must go to prison for their own
good and for the good of the society because their presence in the
community constitutes a threat to law and order. Other less inured to crime
can remain in the community after conviction where they are given a chance
to conform to the demands of the society. Probation is compared to an out-
patient. The out-patient does not need to be confined in a hospital because
his sickness is not serious. However, the patient must remain under the care
and supervision of his family physician in order that his sickness will not
become serious. Similarly, the probationer does not need to go to prison, but
he should remain under the supervision and guidance of his probation officer
in order that he will not become a more serious offender.

Probation is given in cases that the ends of justice do not require that
the offender go to prison. This is also when all the following circumstances
exist: that there is a strong likelihood that the defendant will reform; that
there is a little danger of seriously injuring or harming members of the
society by committing further crimes; that the crime he committed is not one

64
that is repugnant to society; that he has no previous record of conviction;
and that the deterrent effect of imprisonment on other criminals is nit
required. The person who is placed on probation is not a free man because
he is required to live within specified area. He is deprived of certain rights
and privileges of citizenship, but he retains some other rights and is entitled
to the dignity of man.

Purpose of Probation

The Wickersham Reports in 1931 (Report of the “National Commission

of Law Observance and Enforcement, “page 146 of Report No. 9) states the
purpose of probation as follows:

1. “Probation, like parole and imprisonment, has as its primary objective

the protection of society against crime. Its methods may differ, but its
broader purpose must be to serve the great end of all organized justice
– the protection of the community… probation is an extension of the
powers of the court over the future behavior and destiny of the
convicted person such as is not retained in other dispositions of
criminal case…

2. “ … in probation ( there ) is the recognition that in certain types of

behavior problems which come before the courts confinement may be
both an unnecessary and an inadequate means of dealing with the
individuals involved; unnecessary because in that particular case the
end sought, i,e., the protection of society, may be achieved without the
cost of confinement, and inadequate because the prison sentence may
create difficulties and complications which will make more, rather than
less, doubtful the reinstatement of that particular individual as a law-
abiding citizen. “
Advantages of Probation

Probation is more advantageous than imprisonment. In probation, the

man is spared the degrading, embittering and disabling experience of
imprisonment that might only confirm them in criminal ways. On the other
hand, the offender can continue to work in his place of employment. Family
ties remain intact, thus preventing many a broken home. Also, probation is
less expensive which is only one tenth as costly as imprisonment. To the
extent that probation is being used today – about 60% of convicted offenders
are given probation – this type of sentencing therefore, will greatly relieve
prison congestion. Chief Justice Taft of the United States Supreme Court in a
case decided by that Court mentioned the purpose of the federal Probation
Act as follows:

“The great desideratum was the giving to young and new violators of
law a chance to reform and to escape the contaminating influence of
association with hardened or veteran criminals in the beginning of the
imprisonment… Probation is the attempted saving of a man who has taken
one wrong step and whom the judge think to be a brand who can be plucked
from the burning at the time of the imposition of the sentence. “

ADMINISTRATIVE ORGANIZATION OF PROBATION

During the early stages of probation the appointment of probation

officers and the administration of probation services were considered as
court functions. Later, probation service was provided to serve all courts
within a City or County such courts as juvenile, domestic, municipal and
criminal. In this type of probation service, the probation officers are
appointed by the Civil Service Bureau or Commission. In recent years there
has been a trend toward a state integrated probation and parole service for:

65
  Personality: He must be of such integrity, intelligence, and
good judgment as to command respect and public confidence; Because
of the importance-of his quasi-judicial functions, he: must possess the
equivalent personal qualifications of high judicial officer. He must be
forthright, courageous and independent. He should be appointed
without reference to creed, color, or political affiliation.

 Education: A board member should have an educational

background broad enough to provide him with knowledge of those
professions mostly closely related to parole administration. Specifically,
academic training which has qualified the board member for
professional practice in a field such as criminology, education,
psychiatry, psychology, social work and sociology is desirable. It is
essential that he have the capacity and desire to round out his
knowledge, as effective performance is dependent upon an
understanding of legal processes, the dynamics of human behavior,
and cultural conditions contributing to crime.

 Experience: He must have an intimate knowledge of common

situations and problems confronting offenders. This might be obtained
from a variety of fields, such as probation, parole, the judiciary, law,
social work, a correctional institution, a delinquency preventive agency.

 Others: "He should not be an officer of a political party or seek

or hold elective office while a member of the board."

History of Parole

The word Parole has a French origins in the term Parole D’Honneur
which means, “Word of Honor”. The idea of parole began emerging as
Mirabeau of French statesman suggested the function of parole into the court
before his death in 1791. The beginning of parole was very controversial in
the process of correctional system. Captain Alexander Marconochie started it
under the concept of mark system, as a result he was removed as warden at
Norfolk Island Australia. Sir Walter Crofton in 1854 continued the vision of
Maconochie in the form of Irish ticket-of-leave. In 1876 parole was first
introduced at Elmira Reformatory under Zebulon Brockway. Although parole
was used in United States in 1846 as a type of conditional release but it was
not popularized.

Massachusetts was the first state to officially establish parole service.

Michigan State in 1867 introduces first the indeterminate sentencing through
the influence of Brockway, as he was the Superintendent of Detroit Houston
of correction.

Parole consist of the suspension of the sentence of a convict after

having served the minimum of the sentence imposed without the granting of
a pardon, prescribing the terms upon which the sentence shall be
suspended.

Parole restores gradual freedom to the prisoners and bridges the gap
between the highly controlled and regimented prison life to the free life in
the community. This conditional release is subject with conditions are
violated by the parolee, he will be brought back to the prison to several its
remaining term.

66
 Parole is being conducted through the process of casework under its
classification committee. The committee considers all record materials as to
the service of sentence of the convict, its conduct and relationship with the
staff and other convicts.

Parole is the suspension of the sentence of a prisoner granted by the

Parole Board after serving the minimum penalty imposed by the court,
subject to certain conditions. In case of violation if any of the conditions, the
parolee will be re-arrested and recommitted to serve the portion of the
original penalty.

PAROLE SYSTEM

The Board of Parole should be vested by law wide latitude of powers,

which include the following:

1. To set terms of parole.

2. To decide who shall be released on parole from among all inmates
eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision
sometimes.

Institutional Parole Officers

In the preparation of cases for parole deliberation/the Board of Parole is

aided by a sufficient number of institutional classification and parole officers.
These personnel work closely as liaison officers between the board of parole
and the prison, and are in close contact with the parole officers in the field
who supervise the parolees after release.

The institutional classification or parole officer keeps up-to-date the

running case summary of the prisoner and makes said records available to
the parole boards from which it can base final parole action. He is
responsible for the preparation the admission summary of the prisoner,
which includes the record of the present and previous criminal offenses, a
social history; religious history psychological and psychiatric study,
employment and educational accomplishment; and complete analysis of the
community arid situation: The institutional parole officer submits "progress
reports" on the prisoners' program and training as the inmates serve their
sentences.

Administrative Structure

There are four plans or structures by which parole is administered,

namely:

 The parole board serves as the administrative and policy-mak-

ing board for a combined probation and parole system. Most
of the states of the United States fall under this plan.
 The second plan that parole board administers the parole ser-
vice only.
 The third plan is that the parole services are administered by
the department which administers the prison and other cor-
rectional institutions and which department may or may not
also include the parole board.
 The fourth plan is that the parole services are administered by
the state correctional agency, which also administers proba-
tion and penal institutions.

67
 The parole system in the Philippines falls under the third plan.
Generally a parole office headed by an executive officer called Parole
Administrator or Chief Parole Officer administers parole. The Chief of the
Parole Office executes the policies formulated by the Board of Parole, and
carries out the functions of parole. A parole agency has two important units
or subdivisions aside from the administrative and other auxiliary service
units. The principal subdivisions are the investigation and Supervision
Divisions.

Parole Investigation

The investigation unit of a parole agency is responsible for conducting

pre-parole investigations. The purposes of pre-parole investigation are (1) to
bring the case history facts up to date, and (2) to verify parole plan or work
and residence.

Parole Selection

One of the most important functions of the Investigation Division is to

help the parole board in the selection of prisoners for parole. This cannot be
determined merely by the length of time served. If a prisoner is paroled too
soon and while still maladjusted, he may fail and return to prison. On the
other hand if the prisoner is retained too long, he may be embittered,
depressed, become apathetic or get discouraged, so" that when released he
may fail to reestablish himself, adequately in society. The institutional record
a one cannot be used as an index of a prisoner's readiness for parole
because some men with deeply and socially dangerous patterns of
criminality are shrewd enough to maintain a good institutional record and yet
be actually among those with the poorest likelihood to succeed on parole.

In determining readiness of a prisoner for release, the program of

treatment and training of the prisoner in the penal institution should be
coordinated with his -program when released. The prison staff and parole
bureau should coordinate in preparing the detailed program of the prisoner,
both in prison and on parole. One way of achieving coordination between the
two agencies, the prison and the parole bureau, is to provide "institutional
parole" officers who understand the problems of parole -supervision and can
work effectively with the parole bureau.-Another way to effect coordination
between the prison and the parole bureau is to assign parole officers from
the staff of the latter agency to work in the penal institutions. Under this
arrangement the parole officer participates actually in the classification and
casework program of the prison and is responsible for the evaluation of the
inmates program from the standpoint of its usefulness after release.

Tools in Selection

Three documents need to be prepared by the institutional staff to

assist the paroling authorities and the parole bureau their work with
individual prisoners. They are:

1. the pre-board summary;

2. the parole referral summary of the classification committee
3. the final pre-release progress report.

The Pre-Board Summary - This document is prepared by the

institutional parole officer. It a brief summary of the inmate's case, including
his case history and the salient points, which are considered necessary
whether or not, parole is to be granted.

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 The Parole Referral Summary - this document is prepared by the
prison's classification committee for the use of the parole bureau. The
purpose of this summary is to indicate to the field (parole) workers what the
staff of the prison considers to be essential for the best interest of the
parolees and the protection of the society. It contains an appraisal of the
prisoner's personality and his needs for adjustment upon return to society.

Pre-Release Progress Report - the institutional Classification

Committee also prepares this document. In this report, the professional
contributions of the Reception-Guidance Center and of the institution are
brought together for greatest usefulness at pre-release. The pre-release
progress report is used by the Parole Board as guide in determining the
prisoner's eligibility for parole and in preparing his parole program. It outlines
the treatment program of the parolee. While the report contains certain
suggestions on the prisoner's program during the remaining weeks of his
stay in prison, special emphasis is given to his program when he leaves the
institution in terms of success after release. The parole officers use it as
reference and guide when the inmate is brought in for personal appearance
to formulate with the parole officer a program for parole.

Contents of the Parole Referral Summary

1. The general background and present status of the inmate.

 Local status with regard to release
 Previous criminal behavior in relation to parole situation.
 Social history (including family relations, social welfare
assistance and use of leisure time.)
 Personality adjustment in prison (including appraisal of
disciplinary record.)
 Other matters.

2. Report of Institutional Program

 Treatment of personality maladjustment
 Vocational training
 Academic education
 Medical treatment
 Recreational activities (including hobbies.)
 Religious interest
 Other matters.

3. The Inmate’s own plans and concern over parole

 Preferred place of residence
 Type of work desired.
 Family relations.
 Problems anticipated by inmate.
 Other matters

4. Comments by the compiler of the report.

5. The staff recommendations.
 Level of supervision (maximum, medium, minimum).
 Residence
 Work
 Program (education, religion, recreation, etc.)
 Special needs (medical, financial, etc.)
 Other matters.

The Importance of the Parole Referral Summary

The parole referral summary represents the final evaluation of the

effect upon the inmates of this investment in their welfare by society. The
parole referral summary is sent to the field officers of the parole bureau. This

69
document represents a general plan for the care and treatment of the
parolee. Circumstances may require modifications of the recommendations
contained by the paroling agency, yet the parole referral summary remains
the basic clinical document for the determination of the man's program upon
release, since it represents a comprehensive study by the institutional staff
of his entire life.

Pre-Parole Investigation

The primary duty of the parole board is the proper selection of

prisoners to be released on parole. It is the prime concern of the board to
determine whether parole applicants are capable of living in the community
and remaining at liberty without violating laws. It must also determine
whether the release of the prisoner is compatible with the welfare of society.

The investigation division of the parole office takes charge of making a

pre-parole investigation for reference and guidance of the board in the
proper selection of prisoners for parole. The parole officer making the pre-
parole investigation collates all in formations regarding the inmate contained
in various documents or reports, namely, the comments from the sentencing
judge, comments from the prosecuting fiscal, _and a further analysis of the
many studies and contacts made by the trained prison staff during the
period of the inmates’ imprisonment.

The institutional reports consist of psychiatric and psychological

reports', the social history of the prisoner prepared by the sociologist,
educational report evidence of wanting to reform, conduct while in prison,
attitude and other contributory factors. In determining the fitness the
prisoner for parole, the parole board should likewise look into the negative
factors which may disqualify the prisoner for parole, such as the adverse
feeling of the community toward his release on parole, and unstable family
situation, lack of employment; opportunity or unsatisfactory record of
previous employment history of failure to support family or dependents
properly; lack of: responsibility, record of nomadism, alcoholism lack of home
sites, and antisocial 'nor immoral acts. The parole board should likewise
consider the favorable or unfavorable reports of the field supervising parole
officer on the parole plan for the prisoner since this officer makes last minute
verification on arrangement regarding residence, selection of parole adviser,
and prospective employment.

Parole Hearing — How Conducted

Parole hearings may be commenced by a written petition of the

prisoner or by his relatives. In an institution where casework method is highly
developed, there is no need for the prisoner to file a petition since the
institutional classification committee, motu propio initiates parole
proceedings the moment the prisoner becomes eligible.

Several methods are used in selecting prisoners for parole. Some

boards of parole conduct interviews in the prison with the entire membership
present to interrogate the prisoner. In some jurisdictions, the board does not
conduct interviews with the prisoners but depends solely on the recorded
material. In the United States Board of Parole, the board does not meet en
bane to interview the prisoner. Instead, each of the five board members
interviews all prisoners eligible for parole in a particular institution. His
interviews are recorded in verbatim He prepares a complete resume and
analysis of case. His findings are contained in the detailed summary, which
he prepares after the interview. The other members of the board who may or
may not concur with his recommendation review this summary.

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 Cases of prisoners serving more than five years or cases wherein a
major policy is involved, and cases offering difficult factors in planning are
resolved by the board en bane.

The date of release of a parolee does not take place earlier than one
month nor exceed six months from the date parole is granted. This will give
sufficient time for the supervising parole officer to complete and verify the
parole release plan. Only in exceptional cases are parolees granted
immediately upon approval by the board. Cases that are denied by the board
may be rescheduled for hearing after at least six months from the date of
denial.

Coordination of Probation, Prison, and the Parole Program

In recapitulation it may be here emphasized that the three principal

correctional agencies, namely, probation, prison and parole, should be
coordinated. The reason for this is that since the three correctional services
aid the same persons, each service should know the experiences of the
others and their efforts with individuals. The pre-sentence investigation
prepared for the use of the court, is invaluable to the prison officials who
must treat the person committed to prison. This report is used by the
classification committee of the prison as guide in carrying out the prisoner's
treatment and training program. When the prisoner is ready for parole
consideration, the parole board finds the pre-sentence investigation report
very useful in deciding, on parole. When the prisoner is paroled, the prison
officials furnish the parole officer with a progress report pertaining to the
changes in. health, acquisition of new skills and other attainments.

The parole, officer serves as a good liaison between the prison and the
parole board on the one hand, and the community on the other hand. He
interprets the problems and needs of the prisoner to his family, his
prospective employer and the community for the eventual return of the
prisoner.

The correctional service may be compared to the medical service.

Probation is the equivalent of the out-patient service. Probation officer deals
with the offender just as the family physician treats the patient at home. The
more serious offenders are committed to prison just as patients requiring
operation or special care have to be sent to the hospital. When the prisoner
has served his minimum sentence or has stayed in prison long enough and
believed to be already reformed, he is released under the care and
supervision of a parole officer. Likewise, when the patient becomes
ambulatory, he returns home to the care of the family physician. If all goes
well in the community as planned, there is no need for him to return to the
hospital for further treatment.

Failure to integrate these three branches of the correctional service —

probation, prison, and parole, obstructs the speedy reformation of the
offender and is costly to the government. These three agencies should be
integrated as parts of a full-coverage policy of corrections and they should
operate in harmony with a single objective: the wholesome rehabilitation of
the offender.

Parole Supervision (Organization and Regulational Aspects)

The supervision of parolees is one of the most important aspects of the

whole rehabilitative process. The character of the supervision largely
determines the success or failure of any given case. Supervision of parolees
has three aspects: organizational, regulational and operational.

Organizational Aspect

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 The Federal government of the United States combines parole
supervision with probation supervision. It has no parole
field service hence parolees are turned over to the district court probation
officers for supervision.

Some big states have centralized parole supervision services. This sort
of centralized parole supervision service may involve district offices, with
parole officers working out of them, but all of these services are controlled
and budgeted from a central state office. In smaller states that do not justify
establishment of district offices, parole officers are assigned to cover certain
territories usually covering several counties and are directed from the central
office. In a few jurisdictions, parole supervision is an adjunct of the prison
because a centralized parole service is not economically justified.

Recently, federal and state laws were passed providing for parole and
probation compacts, whereby states enter into reciprocal agreements to
allow a parolee or probation to be supervised by another state.

Some centralized parole supervision units are separate state units or

bureaus under the department of welfare or division within the department
of corrections. Sometimes they are a part of the total parole board
organization.

Regulation Aspect of Parole Supervision

The regulation aspect of parole consists of several rules and

requirements promulgated by the paroling authority. But why are rules and
regulations necessary in parole? The parolee, whether he likes it or not,
needs a certain kind of discipline. It instills in him the feeling of security to
know that he is within legal bounds by following the set of rules and
regulations. Some types of offenders need the authoritarian method of
dealing with them, so a set of rules and regulations is the only way to help
them get over their difficulties. Rules and regulations in parole are intended
to help both society and the parolee. They can be used to help parolee if
their regulatory effects eventually become part of the parolee's way of life.
Rules and regulations pose as a sword of Damocles over the head of the
parolee. He knows for a fact that when he violates any of the rules his
freedom will be forfeited.

The most common rules and regulations are the following:

1. Making restitution. A condition is imposed to the effect that

the parolee must make monetary restitution to the victim. It is
understood that the parolee shall only be required to pay restitution if
he is earning more than his necessary living expenses. Usually, the
restitution is paid by installment at a rate that will not deprive the
parolee and his family the necessities of life. It is but fair and just that
what has been unlawfully taken from the victim must be returned.

2. Supporting Dependents. Society expects everyone to support

his dependents and so there is no reason that a parolee should not be
required to do so. If, however, he fails to support his family and
dependents through no fault of his like when he cannot find or hold a
job, it should not be a reason to revoke parole already given. The
treatment of a parolee aims at helping him become a more responsible
citizen, so that requiring him to meet his obligations, is but one way of
training him along said virtue. It protects his dependents and at the
same time aids the parolee on his path toward maturity and stability.

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3. Getting, Keeping and Reporting Honestly on Employment.
The parolee must be taught the habit of work, not only for
psychological effect but also for economic stability. It is therefore
essential that the parolee be assured of a legitimate and legal means
of income. Before releasing the parolee, therefore, the parole board
must be assured that he is willing to work; must make reasonable
efforts to secure and maintain employment; and must work only in
legitimate enterprises. Sometimes the parole office requires the
parolee to inform his parole officer of any change of employment. The
aim is to discourage the parolee from drifting from one employment to
another, which is a symptom of vocational maladjustment.

4. Avoiding indebtedness and unnecessary expenditures.

The purpose of this regulation is to encourage thrift, proper budgeting
and responsible habits. There are times, however, that going into debt
is unavoidable. When the purpose of incurring, the debt or in making
unnecessary expenses is laudable, the parolee should not be punished.

5. Reporting. This is a requirement in all parole systems. The

parolee is required to report to his parole officer at stipulated intervals.
Some parole offices merely require the parolee to submit a completed
form, giving pertinent data on residence address, employment data,
savings, leisure-time activities, family situations, associates, and plans
for the future and problems requiring decisions. The parole officer does
not take as the truth all that the parolee reports during the interview.
He must verify all-important allegations of the parolee. The
requirement of reporting is in itself a protection of society' in that
failure to comply is symptomatic of the parolee's maladjustment.

6. Making Arrival Report. The parolee, in most parole

jurisdictions, is required to report to his parole officer shortly on his
arrival at his parole residence. This requirement is meaningful in that
failure to do so is indicative of something that is still wrong with the
offender.

7. Keeping the Parole Officer Informed of the Whereabouts

of Parolee. - This is but logical if supervision is to be carried out
effectively. If the parolee remains within the parole jurisdiction, he does
not need to inform the parole office.

8. Permitting the Parole Officers to visit the Parolee at

Home and in His Place of Work. There is no reason why a parolee
should not allow his parole officer to visit him at home from the
standpoint of law-enforcement. However, if the parole officer is refused
admission in the house of the parolee, the former cannot force his way
without a warrant. Sometimes the parolee feels embarrassed when
visited by the parole officer. The purpose of employment visits should
be clearly explained to the parolee in order that he will readily
cooperate. The parole officer has a duty to see to it that the parolee is
gainfully and legitimately employed. Home and employment visits are
part of the casework functions of the parole officer.

9. Abstaining from the Use or Overuse of Liquor. Some parole

jurisdictions prohibit the parolee from sipping even a drop of wine.
Other jurisdictions think that entire prohibition is unrealistic, so that
they only require the parolee not to indulge heavily in liquor. Moderate
drinking is a part of a man's social life and social qualification.

10. Keeping Curfew Hours. The purpose of this rule is

discouragement of unwholesome habit that may lead to troubles. An
ex-prisoner is prone to being suspected by the police whenever an

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 unsolved crime is committed. In order to evade being a suspect, the
parolee should agree to keep reasonable hours at night.

11. Provision against Marrying Without Permission. Parolees

are still wards of the state and are not yet restored their civil and
political rights. One of the civil rights affected by u prison sentence is
the right to contract marriage. Since the parolee is not yet a
completely free man he cannot marry without first obtaining
permission from the parole officer. One strong reason in favor of this
regulation is to prevent the parolee from having a family if he is not
financially capable of raising one.

12. Provision against Living in an Illicit Relationship. The

parole must attempt to live a clean life and one way of carrying it out is
to issue this regulation. This regulation is specifically directed to
parolees convicted of bigamy, concubinage and adultery to prevent
further amorous relations with the woman who caused their
imprisonment.

13. Regulations against Owning or Operating an Automobile.

Some states or countries disqualify convicted offenders from getting a
driver's license. In order, therefore, that the parole office may not be a
party in a case of illegal operation of a motor vehicle, parole offices
prescribe rules against the parolee operating or owning a motor
vehicle without permission. Besides, the parole authorities want to
obviate the possibility of the parolee using an automobile for
committing another crime.

14. Prescription against the Use or Sale of Narcotics. This rule

needs no further discussion. Even free men are prohibited from using
narcotics without medical prescription, or selling them.

15. Regulation against Carrying or Possessing Dangerous

Weapons. For obvious reasons the parolee should not be allowed to
possess a dangerous weapon, especially a firearm.

16. General Admonitions Regarding Observance of Law. The

only reason this regulation is included is that the parolee 'must be
reminded about observing law and order.

The Parole officer as Law-Enforcement Agent

Parole offers the community preventive and protective service through

an intensive supervision of the parolee. By constant supervision of the
individual and follow-up of his day-to-day activities, the parole officer is able
to recommit parolees who are on the road leading back to crime.

NOTE: The role of the parole (probation) officer as law-enforcement

agent is discussed in the Chapter on Probation.

The Parole Officer - A Case Worker or a Police Officer?

There is controversy as to whether or not the parole officer should be

clothed with law enforcement authority. One school of thought holds the view
that parole officers should not perform law enforcement work, such as
sleuthing and arresting his ward. To do so would be incompatible with his role
as a social caseworker. The effectivity of the parole officer as a guidance
counselor, a leader or teacher is nullified if the parole officer is clothed with
police powers. The other school of thought holds the view that parolees,
being persons who have not been able to make adjustments with the
demands of society, should be applied certain restraints under threats of

74
arrest and reincarceration. Not all parolees, according to this view, respond
to the guidance counseling or leadership techniques of supervision, hence
the need for the authoritarian method for this type of persons.

Experience in various parole agencies, however, proved that the two

points of view expressed above are without basis. It was satisfactorily proven
in many jurisdictions that some parole officers with professional training in
social work made good as peace officers while others whose basic training
was in law enforcement made good as case workers

Classifications of Cases

The quality of service that a parole office renders to the parolee

depends on the size or caseload parole officers have. One cannot expect
adequate supervision from a parole officer who has 750 parolees to
supervise.

Parole supervision can be simplified and made more effective by

adopting a sys- ' tern of classifying parolees. Some parolees do not have
pressing problems as they arise. The accidental offender belongs to this
type. This type of parolees needs very little or no supervision from the field
parole officers.

Another classification of parolees is the type that needs casework as

the primary consideration of treatment. The parolees may not be serious
community- risks. An example of this type is the parolee who is in need of a
job or economic aid. Here the field parole officer can devote full attention to
intensive casework that is, trying to help his client get a job.

A third classification for purposes of supervision is the type in which

law enforcement function is the first, even the only consideration. This type
of parolee needs constant supervision and surveillance by the parole officer
in order to prevent the parole from recommitting crimes. Usually we find in
these classification offenders whose history and background indicate great
personal disorganization, such as the professional killer, the gangster, the
sex-pervert, and the long-time confidence man. The field parole officer
should be alert to discover signs of misbehavior in this type of parolees and
to be quick on his rearrest.

Knowing the type of offenders his wards are, the parole officer can
adjust his schedule of supervision, devoting intensive supervision to parolees
belonging to the third type while giving little time for parolees of the first
type.

Casework Techniques

The parole officer as caseworker, he can use casework techniques,

among which are:

1. The Manipulative techniques;

2. The Executive techniques; and
3. The Guidance, Counseling and Leadership technique.

(*Casework techniques also apply to supervision in Probation.)

Manipulative Techniques

Manipulative technique are ways of helping the parolee by altering his

environmental conditions go as to bring out satisfactory social adjustment in
the individual. Among the common manipulative devices used by the parole
officer are the following:

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 1. Job finding — some parole systems have their own
employment bureaus, the main function of which is to locate jobs
for parolees. By providing a job the parolee may become a
permanent law-abiding citizen. In some cases, the parole officer
himself tries to find a job for his ward.

2. Home placement — there are some parolees who cannot

return to their parental homes because of some conflicts or tensions
existing in the family, or that a member of the family is a morally
depraved person whose influence on the parolee may not be
conducive to his social readjustment. It is the responsibility of the
parole officer to help find a foster home for the parolee.

3. Improvement of community conditions — the locality

where the parolee returns may abound with vices such as gambling,
dancehalls, bars, houses of prostitution, etc. It is the duty of the
parole officer, like other civic-minded citizens to participate in
community movements to clean up these vices and unwholesome
establishments.

4. Removal of Discrimination — one of the greatest obstacles

to employing ex-prisoners as well as accepting them socially in the
community is the prejudice that prospective employers and the
public have against him. Very few industrial establishments would
employ a parolee or an ex-prisoner. It is the job of parole officers to
remove discrimination against the parolee in order that employers
may be willing to offer him a job. The parole officer can participate
in a public information program designed to educate the community
into accepting the ex-prisoner as a human being, to avoid
stigmatizing him.

The employment of manipulative devices in helping parolees by the

parole officer needs skill. It is not because the parolee needs a job that his
parole officer gets him a job. It is more meaningful and lasting to the parolee
if, instead of the parole officer getting him a job, he should first exert efforts
to make the parolee gain strength to seek his own job. By extending the help
to the parolee, the latter is not helping solve his problems permanently, so
that when his prop (the parole officer) is gone, the same problems he had
before his imprisonment will bring him into troubles again.

Executive Techniques

This is a method of helping parolees by which the parole office

performs referral services. Parole agencies do not often have the necessary
funds for direct administration of parolees under care, so that the most that
parole can offer by way of help is to refer the parolee to agencies offering the
services desired.

Among the services by referral are:

1. Locating a job — The parole office refers the parolee to a

firm, company, or to any employment agency for possible
employment.

2. Relief — When a parolee or his family is in dire need of the

basic necessities of life such as food, clothing or medicine, the
parole office refers the parolee to a social welfare agency, which can
extend them relief.

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 3. Medical Care — It is the function of the parole officer to refer
his client in need of medical care, hospitalization, dental services or
psychiatric services, to agencies rendering such services free of
charge.

4. Public grants — The parole officer should be familiar with

laws on public grants such as social security, old age benefits, aids
to widows and dependent children, in order that he can refer his
clients who are eligible to any of such grants.

5. Institutional placements — The supervision program of the

parolee may indicate a need for his removal from his parental home
and for placement to a foster home. It is the responsibility of the
parole officer to explain to the parolee and his family of the need for
the said transfer of residence to a foster home. When this is
undertaken, the transfer is effected by referral to the proper agency.

6. Legal aid — The parole officer, even when he is a lawyer,

should refrain from giving legal advise to his client in need of legal
services. It is always a better policy for him to refer the parolee to a
legal aid office. Oftentimes legal questions involving common-law-
relationship, legal separations, bigamous or adulterous relationship,
custody or support of children come up, and the parole officer
should know where to refer each case.

7. Educational and vocational guidance — The parole officer

is not an expert in educational and vocational matters. He should
therefore refer his ward to the proper agency rendering educational
or vocational training or apprenticeship.

8. Recreation— Parolees should, as integral part of their

adjustment, be given guided recreational activities, otherwise, they
will frequent poolrooms, bars and other unwholesome recreational
joints. Some communities have group work agencies offering
recreational activities. The parolee officer must know how and when
to enlist the services of these agencies in connection with the
problems of his wards.

9. Social agency help - There are several agencies, public and

private, that may offer services to parolees. The parole officer
should be well acquainted with what those agencies can offer to his
wards.

Guidance, Counseling and Leadership Techniques

These techniques require, that the parole officer must be well versed
with the science of human behavior. He should know the motivations, which
cause the person to react the way he did under certain situations. He should
try to determine what caused his ward to follow a certain cause of action. He
should attempt to influence and guide his clients into solving their problems.

Guidance and leadership are temporary crutches upon which the

parolees depend in overcoming their difficulties. Sometime or another the
parolees will no longer depend on the services of the parole officer. The
parolees should be taught to gain insight into their problems and how to
solve them. It is not guidance and leadership if the parole officer himself
does the solving of the problem for the parolee.

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 In guidance and leadership technique, the parole officer seeks to exert
a direct personal influence on the parolee. The advice of the parole officer
may spell the difference between going straight and going the wrong way by
the parolee. The parolees' thinking can be properly guided by the parole
officer so that they may be able to solve their own problems under the same
or similar situations.

Parole Advisor

The parole advisor is primarily and essentially a volunteer worker. He

works as an unpaid parole officer, a non-professional counselor, adviser, first
friend, and sponsor to the parolee. When parole was newly introduced, the
parolee was required to report to a sponsor known as guardian who
performed the functions of advisor and parole officer. The untrained, unpaid
volunteer workers of the Elmira days are now relegated to perform the role of
parole advisers.

The parole system of the U.S. Federal Government has adopted the
parole advisor system. The policy of the Federal Parole administration is that
the parolee must have some citizens to serve voluntarily as his parole
advisor. This requirement has been abolished in several states and is now
waived by the U.S. Board of Parole when a satisfactory advisor is not
available, in which case the probation officer is named parole advisor in
addition to his duties as supervising officer.

The parole advisor can be of great help to the parole service during the
pre-release planning. The advisor who may have known the prospective
parolee intimately for some time can help in the preparation of the parole
program. The interest shown by the advisor on the would-be parolee can be
exploited and developed by the parole officer to a productive and helpful
service throughout the ensuing parole period.

It is desirable that the field probation officer and the parole advisor
should work as a team. In order to obtain full cooperation of the advisor, the
parole officer should show its appreciation for the assistance of the parole
advisor. The advisor can be of service more effectively in rural areas where
the parole officer cannot regularly visit. The parolee can always turn to his
parole advisor for immediate help because the parole officer is not available
for immediate counsel and advice when pressing problems arise.
Furthermore, the parole officer may have to depend on the advisor for
reliable information regarding the parolee’ conduct, as well as his
adjustment.

Parole Violators and Detainers

There are two types of parole violators: commission of a new crime and
violation of a parole condition. In the first type, conviction of a new crime by
the parole will automatically cause recommitment of the parolee. If the
parole is convicted but appeals his case in the higher court, the parole officer
will submit a report of said conviction and appeal to the Board of Parole
which will decide, after due investigation, on recommitting the parolee or
not. If it is violation of parole condition only, the Board of Parole shall conduct
an investigation, giving careful consideration on whether the act was willful,
whether the safety of the public is involved, and whether other disciplinary
action than recommitment to prison might be sufficient.

Parole Boards are authorized to issue warrants for the arrest of alleged
parole violators or to issue notices to appear to answer charges where arrest
is not necessary. Parole officers are authorized to arrest or cause the arrest
without a warrant where immediate action is necessary against the violator
or one who is in danger of becoming a violator. The parole officer should

78
submit a written report of the violation to the parole board. Releases from
the jail of alleged violators should be on order of the parole board only.

Ordinarily, a detainer or warrant against a prisoner does not disqualify

him from parole. The prisoner may be given parole subject to the action
taken on the detainer.

Discharge from Parole

The duration of parole supervision does not extend beyond the

expiration date of the parolee’s sentence. Parole conditions and other
aspects of parole supervision should be relaxed as the parolee no longer
requires the restriction on his behavior. At the expiration of the maximum
sentence, the parole board should issue a certificate of final discharge. The
same certificate may be issued even before the expiration of the maximum
sentence should the board, after reviewing the case, is satisfied that parole
has served its purpose.

The certificate of discharge from parole has the effect of restoring all
civil rights lost by operation of law. This is not, however, true in the
Philippines. It needs an executive clemency in the form of absolute pardon to
restore said rights.

THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN

CORRECTIONAL WORK

Correctional programs are more and more recognized as the

responsibility of the total community. It is a well-known fact that a
correctional program, no matter how well developed, cannot succeed without
the support of the general public. It is essential that probation, the
institution, and parole should enlist the cooperation of community agencies,
voluntary societies, citizens groups and the community in general in order to
succeed in their mission of placing the offender back to society as a normal
social being.

Correctional agencies are not adequately financed to render further

services to the offender outside of their organizational jurisdiction. This is
where community and voluntary agencies come into the picture.

Community Agencies – A community agency is usually a formal

group or association organized to promote social or individual welfare. Most
community agencies are identified with social work. Others are concerned
with labor, education, ethnic groups and the like. These agencies may be
financed from public, private or mixed funds.

Some of the community agencies closely related to corrections are the

following:

1. Social Service Exchange – Prisons, probation and parole agencies

may conveniently avail of the services of social service agencies by
referring to them problems of inmate or parolee’s dependents.

2. Department Public Welfare – Correctional agencies can secure

information on various possible aids for prisoner’s parolees, or
probationers’ dependents, including old age assistance and aid for
dependent children.

3. Family Service Agencies – Offenders who have family relationships

problems may be referred to family service agencies in order to

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 preserve and restore harmonious family relationships and to prevent
conditions, which would disrupt family life.

4. Mental Hygiene and Mental Health Clinics – These clinics may

provide psychiatric services to prisoner’s families, parolees,
probationers and their families.

5. Philippine Red Cross – The Red Cross provides home services,

disaster relief, blood program, eye program and other relief.

6. Anti-Tuberculosis Society – It provides limited patient services, chest

x-ray program, education, and referral services.

7. City and Provincial Health Departments and Hospitals –

Correctional workers may avail or he services of these medical facilities
for prisoner’s families, probationer’s and parolees as well their
dependents.

8. Colleges and Universities – Colleges and universities are a potent

agency for molding public opinion through their courses in criminology
and penology. They offer in-service training courses for correctional
workers. Prison, parole and probation offer a valuable research setting
for advanced students in sociology, psychology, criminology, social
work and other behavioral and social sciences.

Voluntary Agencies – Voluntary agencies have played an important

and significant role in the development of modern correctional concepts and
practices. Voluntary prison societies or associations have worked effectively
and harmoniously with correctional agencies throughout the development of
the correctional system in the United States.

The main function of the early volunteer organizations in the

correctional field was the investigation and reform of noxious prison
conditions. The Pennsylvania Prison Society, which was founded in 1707, was
mainly organized to “alleviate miseries of the public prisons.” The Prison
Association of New York founded in 1844 was definitely organized to extend
relief to discharged prisoners.

The development of new techniques and new understanding of the

needs of the offenders during the last few years had changed and modified
the functions of prisoners aid associations. In the last few decades, as social
casework methods have been developed and refined, emphasis on prisoner’s
aid have shifted to helping the individual prisoner gain insight into his
difficulties and developing strength within himself in order that he may
become a law-abiding and useful citizen. As a result, the number of privately
operated prisoner’s aid societies has decreased. Among the few
organizations that have remained active in this type of work are the John
Howard Societies in the United States, Canada, and come European
countries, and the Elizabeth fry societies in Canada. The International Aid
Association, which is an affiliate of the American Correctional Association,
serves the important function of a coordinating agency and provides services
useful to existing and proposed agencies.

In the Philippines a few volunteer agencies that are working in prisons

and jails are the religious groups with religious motivators. A few years ago,
civic-minded citizens interested to help the families of prisoners as well as
ex-prisoners launched Friendship Incorporated. This association gets its funds
from private donations and contributions. The Philippines Charity
Sweepstakes allots one sweepstake draw a year to supplement the funds of
the association. Services so far rendered by this association have been

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limited to finding jobs for the few ex-prisoners, and providing limited financial
aid to ex-prisoners getting started in life.

Voluntary agencies rendering services in the correctional field are very

effective as public information media. Correctional agencies have very
limited resources for disseminating to the public whatever gains they have
accomplished toward the improvement of correctional methods. Volunteer
agencies contribute in public information and information programs as well
as help mobilize public opinion toward improved correctional methods.
Private aid agencies provide leadership and work with welfare and social
agency councils, universities, schools of social work and other professional
societies. They conduct public information programs through the assignment
of speakers, preparation of radio and television programs.

Sponsorship of various projects in cooperation with the jails and

prisons. Some of the services that prisoners’ aid societies render are the
following:

1. Free legal services – Defendants who cannot afford to hire a lawyer

may be given free legal services through prisoner’s aid societies.

2. Casework treatment services may be rendered in the form of

unemployment service. Vocational counseling, temporary lodging,
meals, and purchase of tools.

3. Visitation service – Some agencies visits jails and prisons to discuss

personal problems with prisoners desiring their help, referring suitable
cases to the legal aid society for free legal assistance, and working in
close cooperation with the institutional authorities.

4. Pre-release preparations – Some agencies have developed and

offered pre-release information programs for prisoners about to leave
prison.

5. Voluntary prisoner’s aid societies serve valuable functions in the

development of community understanding of the needs of the prisoner
and ex-prisoner.

6. Legislation – Private voluntary agencies have been instrumental in

stimulating and in the passage of legislations to establish more
adequate correctional institutions and facilities.

7. Correctional agency referrals – Individual counseling and casework

services are made available to the prisoner and his family from time to
arrest to the time of release from legal control. Correctional programs
are more recognized as the responsibility of the total community. The
prisoners’ aid agency provides a workable and convenient channel for
inter-agency communications and referrals.

LAWS GOVERNING THE CORRECTION OF CRIMINALS

Important Features of the Revised Administrative Code of the

Philippines

 Sec. 1705 Title of Chapter – This chapter shall be known as the

Prison Law.

 Sec. 1706 Chief Officials of the Bureau of Prisons – The Bureau of

Prisons shall have one chief and one assistant chief, to be known
respectively as the Director of Prisons, and the Assistant Director of the

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Prisons. These officers shall be supplied with furnished quarter at the
main prison and shall be allowed laundry service and such other
services as shall be sanctioned by the Department Head.

 Sec. 1707 General Jurisdiction of Bureau of Prisons shall have

the general supervision and control of National Provincial prisons of all
penal settlements and shall be charged with the safekeeping of all
prisoners confined therein or committed to the custody of said Bureau.

 Sec. 1708 Main Prison – In the main prison shall be confined all
national prisoners except as otherwise provided by law or regulations.
This prison may also be used as a place of detention for other classes
of prisoners or for the temporary safekeeping of any person detained
upon legal process.

 Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in the

Province of Palawan, there shall be maintained an institution subsidiary
to the main prison, to be known as the Iwahig Penal Colony. In this
colony shall be kept such prisoners as may be transferred thereto from
the main prisons in accordance with the regulations to be prescribed
The Director of Prisons, with the approval of the Department Head,
shall establish and maintain a general store for the sale of
merchandise which may be required by the residents of the settlement,
and for their own profit. Colony produce may be sold to others than
residents of the settlement should there be more to be disposed of
than is required for the use of the colony and Sec. 1710
Superintendent of the colony – Justice of the Peace. The Iwahig Penal
Colony shall be under the immediate supervision of a superintendent,
who shall be an “exofficio” justice of the peace and shall, within the
limits of the colony, have jurisdiction and all powers conferred upon
justices of the peace by the laws of the Philippines. (No longer
applicable)

 Sec .1711 privileges based upon behavior and services – Persons

detained at the Iwahig Penal Colony shall be known as colonists, and
they may be divided into classes and graded according to conduct,
efficiency, and length of services and subject to such regulations as
shall be prescribed in reference thereto, they may be granted such
extraordinary privileges as in the in the judgment of the
superintendent of the colony their conduct, behavior, habits of
industry, and length of service may justify.

 Sec. 1712 Fishing rights in water adjacent to colony – The fishing

right in the waters of the bay along the shore line of the eastern
boundary of the Iwahig Penal Colony, Island of Palwan, for distance
seaward of one and one quarter statute miles are reserved for the
exclusive use of the government, for the subsistence and maintenance
of the colonist, the prison officials and their families in said colony, and
such pardoned or release colonist as may continue to reside therein.

 Sec. 1713 Assignment of land and implements to colonists – Any

colonist detained at the Iwahig Penal Colony may be provisionally
granted a suitable plot of land with in the reservation for the purpose
of cultivating and improving the same, and may be deemed necessary
for the proper cultivation of said land.

 Sec. 1714 Families of colonists – The Iwahig Colonists may,

subject to the regulations of the Bureau governing the colony, be
allowed to have their wives, children, and women to whom they are to
be married, transported to the colony at government expense and to
have their families live on the reservation. Such privileges may, in any

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case, be revoked at any time by order of the superintendent of the
colony, with the approval of the Director of Prisons. All members of the
families of colonists living on the reservation shall be subject to the
regulations governing the colony.

 Sec. 1715 Clothing and household supplies for colonists’ families

– In addition to the subsistence for colonists’ wives and children
hereinabove authorized, the superintendent of the colony may furnish
a special reward to such colonists as in his opinion may merit the
same, reasonable amount of clothing and ordinary household supplies
to be paid out of the regular appropriation for the maintenance of the
Iwahig Penal Colony. Sources of this character may also be made by
way of loan, subject to repayment if the financial condition of the
colonist at a later date should warrant.

 Sec. 1716 Participation of colonists in proceeds of products –

Products grown, manufactured, or otherwise produced by the colonists
may be sold under the supervision of the superintendent; and subject
to such regulations as may be prescribed in reference thereto, the
persons producing the same may be allowed such part of the proceeds
thereof as shall be approved by the Department Head.

 Sec. 1717 Monthly allowance in cash – Colonists occupying

positions of special trust may, with the approval of the Department
Head, be granted a monthly allowance in cash, not exceed five pesos,
or an equivalent amount of supplies from the general store, to repaid
for from the regular appropriation for contingent expenses of the
Iwahig Penal Colony.

 Sec. 1718 Right of released colonists to remain in colony – On

the expiration of the sentence of any colonists he may, subject to the
regulation, be allowed to continue to reside upon the reservation and
to cultivate land occupy a house to be designated and selected by the
superintendent of the colony.

 Sec. 1719 Supply store for Iwahig Penal Colony – The Director of
Prisons, with the approval of the Department Head, shall establish and
maintain a general store for the sale of merchandise which may be
required by the residents of the settlement, and for their own profit.
Colony produce may be sold to others than residents of the settlement
should there be more to be disposed of than is required for the use of
the colony and the main prisons. The supply store fund shall be
reimbursable, the receipts from the business of the supply store being
available for the payment of the costs of supply and other expenses
incident to the conduct of said store, without re-appropriation.

 Sec. 1720 San Ramon Penal Farm – A penal farm shall be

maintained at San Ramon, in the Province of Zamboanga , for the
confinement of national prisoners and such other prisoners as may be
remitted thereto in accordance with law. The Director of Prisons shall
have authority to designate the superintendent of the San Ramon
Penal Farm as a summary court officer, by whom members of the San
Ramon Penal Farm guard may be tried for violation of the regulations
governing the same for willful or neglectful waste, loss or destruction
of arm, immunizations or accouterments, for disobedience or
disrespect toward their superior officers, absence from quarters of duty
without leave, drunkenness, abandonment of employment without
having secured proper release, willful violation or neglect of duty, or
misconduct to the prejudice of good order and discipline. The

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punishment which may be imposed by this summary court shall not
exceed the forfeiture of one month’s pay, or discharge.

 Sec. 1723 Detail of prisoners to public works – The President of

the Philippines may from time to time, detail national prisoners to work
in any part of the Philippines upon any public work not within the
purview of section one thousand seven hundred and twenty-seven
hereof; and the Department Head shall fix the terms and conditions
upon which any branch of the Government may receive the labor of
such national prisoners.

 Sec. 1724 Regulations of Bureau of Prisons – The regulations of

the Bureau of Prisons shall contain such rules as well best promote
discipline in all national and provincial prisons and penal institutions
and best secure the reformation and safe custody of prisoners of all
classes.

 Sec. 1725 Duty of prison authorities to enforce sanitary orders of

Director of Health – The Officers in charge of all prisons, penal
settlements, jails and other places of confinement shall comply and
cause to be executed all sanitary orders, and put into force all sanitary
regulations issued by the Director of Health for their several
institutions.

 Sec. 1726 Mode of treatment of prisoners – Prisoners shall be

treated with humanity. Juvenile prisoners shall be kept, if the jail will
admit of it, in apartment separate from those containing prisoners of
more than eighteen years of age; and the different sexes shall be kept
apart. The visits of parents and friends who desire to exert a moral
influence over prisoners shall at all reasonable times be permitted
under proper regulations.

 Sec. 1727 Liability of prisoners to labor – All convicted able

bodied, male prisoners not over sixty years of age, may be compelled
to work in and about prisons, jails public buildings, ground, roads and
other public works of the National Government the province, or the
municipalities, under general regulations to be prescribed by the
Director of Prisons, with the approval of the Department Head. Persons
detained on civil process or confined for contempt of court and persons
detained pending a determination of their appeals may be compelled
to police their cells and to perform such other labor as may be deemed
necessary for hygienic or sanitary reasons.

 Sec. 1728 Assignment of women to work – Convicted female

prisoners may be assigned to work suitable to their age, sex, and
physical condition.

 Sec. 1729 Provincial Jails –– A jail for the safe keeping of

prisoners shall be maintained at the capital of each province: and in
the absence of special provisions all expenses incidents to the
maintenance thereof and of maintaining prisoners therein be borne by
the province.

 Sec. 1730 Visitation and inspection of provincial jails ─ The Judge

of the Court of First Instance and the Provincial Board shall, as often as
the Judge of the Court of First Instance is required to hold court in the
province, make personal inspection of the provincial jail as to the
sufficiency thereof for the safekeeping and reformation of prisoners,
their proper accommodation and health, and shall inquire into the
manner in which the same has been kept since the last inspection. A
report of such visitation shall be submitted to the Secretary of Justice,

84
who shall forward the same or a copy thereof to the Director of Prisons.
Once during each month the senior inspector of constabulary in the
province shall visit the provincial jail and make report upon its
condition to the Director of Prisons.

 Sec. 1731 Provincial governor as keeper of jail – The governor of

the province shall be charged with the keeping of the provincial jail and
it shall be his duty to administer the same in accordance with law and
the regulations prescribed for the government of provincial prisons.
The immediate custody and supervision of the jail may be committed
to the care of a jailer to be appointed by the provincial governor. The
position of jailer shall be regarded as within the unclassified civil
service but may be filled in the manner in which classified positions are
filled, and if so filled, the appointee shall be entitled to all the benefits
and privileges of classified employee, except that he shall hold office
only during the term of office of jailer is appointing governor and until a
successor in the office of jailers is appointed and qualified, unless
sooner separated. The provincial governor shall, under the direction of
the provincial board and at the expense of the province, supply proper
food and clothing for the prisoners, through the provincial board may,
in its discretion, let the contract for the feeding of the prisoners, to
some other person.

 Sec. 1732 Amount of allowance for feeding of prisoners – The

ordinary allowance to be made by the provincial board for the feeding
of prisoners by the governor of the province or such other person as
may have the contract therefore shall, in case of persons arrested on
criminal process, not exceed twenty centavos each per day; but the
provincial board may pay more when necessary to the proper
maintenance of the prisoners. The compensation for the support of the
prisoner arrested on civil process shall be at the rate of forty centavos
per day, to be advance weekly to the jailer by the plaintiff in the civil
process, and to be taxable as costs.

 Sec. 1733 Record of prisoners to be kept by jailer – The governor,

or the jailer appointed him, shall kept a true and exact record of all
prisoners committed to the provincial prisoners awaiting trial before
the Court of First Instance detained in any municipal jail of the province
which record shall contain the names of all persons who are
committed, their place of abode, the time of commitment, the cause of
their commitment, the authority that committed them, and the
description of their persons, and when any prisoner is liberated such
calendar shall state the time when and the authority by which such
liberation took place; if any prisoner shall escape, it shall state
particularly the time and manner of escape; if any prisoner shall die,
the date and cause of his death shall be entered on the record.

 Sec. 1734 Submission of record to court – At the opening of each

term of the Court of First Instance within his province, the governor
shall return a copy of such record under his name to the judge of such
court; and if the same be not forthcoming, it shall be the duty of the
judge to require its production under penalty of contempt.

 Sec. 1735 Transfer of custody of jail to Constabulary Officer – In

any province in which, in the opinion of the President, the provincial jail
is not safely guarded, shall have authority by executive order to direct
that the senior Constabulary Officer of such province shall take custody
of the jail under the supervision of the provincial governor and guard

85
the prisoners therein, using for this purpose members of the Philippine
Constabulary as jail guards.

 Such action shall in no wise alter the liability of the province for
the expenses incident to the maintenance of prisoners or the keeping,
repair, and construction of the jail; but the payment and subsistence of
the Constabulary guard shall be at the expense of the Constabulary.

 Sec. 1736 Preservation of documents relating to confinement of

prisoners – All warrants and documents of any kind, or attested copies
thereof, by which a prisoner is committed or liberated, shall be
regularly indorsed, filed and kept in a suitable box by such governor or
by his deputy acting as a jailer, and such box, with its contents, shall
be delivered to the successor of the officer having charged of the
prisoner.

 When a prisoner is confined by virtue of any process direct to the

governor or sheriff and which shall require to be returned to the court
whence it issued, such governor or sheriff shall keep a copy of the
same, duly certified by said governor or sheriff, shall be presumptive
evidence of his right to retain such prisoner in his custody.

 Sec. 1737 transfer of prisoners to jail of neighboring province – In

case there should be no jail in any province or in case a provincial jail
of any province be insecure or insufficient for the accommodation of all
provincial prisoners, it shall be the duty of the provincial board to make
arrangements for the safekeeping of the prisoners of the province with
the provincial board of same neighboring province in the jail of such
neighboring province , and when such arrangement has been made it
shall be the duty of the officer having custody of the prisoner to
commit him to the jail of such neighboring province, and he shall be
there detained with the same legal effect as though confined in the jail
of the province where the offense for which he was arrested was
committed.

 Sec. 1738 Use of jail for detention of fugitive from justice – Any
provincial jail may be used for the safekeeping of any fugitive from
justice from any province, and the jailer shall in such case be entitled
to receive the same compensation for the support and custody of such
fugitive from justice as is provided for other prisoners, to be paid by
the officer demanding the custody of the prisoner, who shall be
reimbursed for such outlay as a part of the costs of the prosecution.

 Sec. 1739 Persons deemed to be municipal prisoners – The

following persons are to be considered municipal prisoners:
 Persons detained or sentenced for violation of municipal or city
ordinances.
 Persons detained pending trial before justices of peace or before
municipal courts.
 Persons detained by order of a justice of the peace or judge of
municipal court pending preliminary investigation of the crime
charged, until the court shall remand them to the Court of First
Instance.

 Sec. 1740 Persons deemed to be provincial prisoners - The

following persons, not being municipal prisoners shall be considered
provincial prisoners: Persons detained pending preliminary
investigation before the Court of First Instance.

 Sec. 1741 National prisoners - Prisoners who are neither

municipal or provincial prisoners shall be considered national prisoners,

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among whom shall be reckoned, any event all persons sentenced for
violation of the Customs Law or other law within the jurisdiction of the
Bureau of Customs or enforceable by it, and for violation of the Election
Law.

 Sec 1742. Confinement of Provincial prisoners in municipal jails -

When the sentence of the provincial prisoner does not exceed three
months, the provincial board may authorize his confinement during
such period in a municipal jail if in the judgment of said board the
public interest will be sub serve thereby. Provincial boards, may, also,
with the approval of the Secretary of the Interior, direct the
confinement of persons detained pending preliminary investigation
before a judge of the Court of First Instance in the jail of the
municipality where such investigation or trial is to be held, if no
provincial jail be located therein.

 Sec 1743. Confinement of municipal prisoners in provincial jail -

Provincial boards may, with the approval of the President, direct the
confinement of municipal prisoners in provincial jails when by reason of
the lack, inadequacy, or when in their judgment such confinement
would best sub serve the public interest.

 Sec. 1744 Expense of maintenance - Except as otherwise

specifically provided the expense of the maintenance of prisons shall
be borne as follows; regardless of the placed of confinement: in the
case of the municipal prisoner, by the city or municipality in which the
offense with which the prisoner is charged or of which he stands
convicted was committed: in the case of a provincial prisoner, by the
province in which the offense was committed; and in the case of the
national prisoner, by the Bureau of Prisons.

 Sec. 1745 Status of prisoners as affected by parole, allowance of

good behavior, etc. - The provision of law relative to paroles,
conditional pardons, and the diminution of sentences for good behavior
shall not be construed to change the original status of prisoners or to
affect liability for their maintenance.

 Sec. 1746 Status of prisoner as affected by appeal - Pending an

appeal, the status of a prisoner shall not be changed, and whenever
upon appeal to, or review by, a higher court, the status of a prisoner,
as herein before fixed, shall be changed by an increase or diminution
of his sentence, the responsibility of the National Government or the
provinces or municipalities, as the case may before the maintenance of
such prisoner due to such change in sentence shall take effect from the
date of judgment of the higher court and shall not be retroactive.

 Sec. 1747 Transportation expenses payable by municipality - All

actual and necessary expenses incurred in the transportation and
guarding the subsistence of prisoners during transportation, from
municipal jails, except the expenses of the Constabulary escorts, if
any, shall be paid from the funds of the proper municipality.

 Sec. 1748 Transportation expenses payable by province - All

actual and necessary expenses incurred in the transportation, and
guarding the subsistence during transportation, of national prisoners
from provincial jails to a National Prison, reformatory, or national penal
institution, except the expenses of the Constabulary escort, if any
there be, shall be borne by the proper province.

 Sec. 1749 Return transportation to be borne by Bureau of Prisons

- The return transportation of all discharged national prisoners from

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their place of confinement to their homes shall be paid out of the
appropriation for the Beau of Prisons, except as otherwise specially
provided.

 Sec. 1750 Transfer of prisoners from provincial or municipal jail to

national prison or vice-versa - When, in the discretion of the President
of the Philippines, the unsanitary or insecure condition of any provincial
or municipal jail makes it advisable or when the public interests
require, he may transfer to any national prison or penal institution all
or any of the prisoners committed to such jail, and may also direct the
return of said prisoners to provincial or municipal jails when deemed
expedient. The President of the Philippines may also, whenever in his
opinion it will be to the best interest of the province or municipality
concerned, authorize the confinement of any prisoner sentenced to
less than three months imprisonment, including subsidiary
imprisonment, in the jail of the municipality wherein the prisoner may
have been convicted. The order of commitment of such prisoners,
together with a copy of the order directing their transfer, shall
accompany the prisoners and be delivered with them to the officer in
charge of the penal institution to which they are sent. The expenses of
the transportation, guarding, subsistence, care, and maintenance of
any prisoner transferred to any national prison or penal institution, or
returned to any province for trial or for appearance as a witness or
otherwise hereunder shall be a charged against the treasury of the
province from which he was transferred; and the amount of said
expenses shall be fixed by the Department Head, with the approval of
the President of the Philippines.

 Sec. 1751 Transportation and clothes for released prisoners -

Upon the release of a national prisoner he shall be supplied by the
Bureau of Prisons with transportation to his home, including a gratuity
to cover the probable cost of subsistence enroute, and if necessary, a
suit of clothes of the value of not more than ten pesos, or in case the
prisoner is deported, of not more than forty pesos.

Important Features of Presidential Decree No. 968

 Section 1. Title and Scope of the Decree. — This Decree shall be

known as the Probation Law of 1976. It shall apply to all offenders
except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.

 Sec. 2. Purpose. — This Decree shall be interpreted so as to

promote the correction and rehabilitation of an offender by providing
him with individualized treatment; provide an opportunity for the
reformation of a penitent offender which might be less probable if he
were to serve a prison sentence; and. (c) prevent the commission of
offenses.

 Sec. 3. Meaning of Terms. — As used in this Decree, the

following shall, unless the context otherwise requires, be construed
thus:

(a) "Probation" is a disposition under which a defendant, after

conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the
court a referral for probation or supervises a probationer or both.

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 Sec. 4. Grant of Probation. — Subject to the provisions of this
Decree, the court may, after it shall have convicted and sentenced a
defendant and upon application at any time of said defendant, suspend
the execution of said sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem
best. Probation may be granted whether the sentence imposes a term
of imprisonment or a fine only. An application for probation shall be
filed with the trial court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The filing of the
application shall be deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal. An order granting or
denying probation shall not be appealable.

 Sec. 5. Post-Sentence Investigation. — No person shall be placed

on probation except upon prior investigation by the probation officer
and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served
thereby.

 Sec. 6. Form of Investigation Report. — The investigation report

to be submitted by the probation officer under Section 5 hereof shall
be in the form prescribed by the Probation Administrator and approved
by the Secretary of Justice.

 Sec. 7. Period for Submission of Investigation Report. — The

probation officer shall submit to the court the investigation report on a
defendant not later than sixty days from receipt of the order of said
court to conduct the investigation. The court shall resolve the petition
for probation not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of
the petition, the defendant may be allowed on temporary liberty under
his bail filed in the criminal case; Provided, That, in case where no bail
was filed or that the defendant is incapable of filing one, the court may
allow the release of the defendant on recognize to the custody of a
responsible member of the community who shall guarantee his
appearance whenever required by the court.

 Sec. 8. Criteria for Placing an Offender on Probation. — In

determining whether an offender may be placed on probation, the
court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.
Probation shall be denied if the court finds that:

 the offender is in need of correctional treatment that can be

provided most effectively by his commitment to an institution; or
 there is undue risk that during the period of probation the
offender will commit another crime; or.
 probation will depreciate the seriousness of the offense
committed.

 Sec. 9. Disqualified Offenders. — The benefits of this Decree

shall not be extended to those:

 sentenced to serve a maximum term of imprisonment of more

than six years;
 convicted of any offense against the security of the State;
 who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than Two Hundred Pesos;

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  who have been once on probation under the provisions of this
Decree; and
 who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section
33 hereof.

 Sec. 10. Conditions of Probation. — Every probation order issued

by the court shall contain conditions requiring that the probationer
shall:
 present himself to the probation officer designated to undertake
his supervision at such place as may be specified in the order
within seventy-two hours from receipt of said order;.
 report to the probation officer at least once a month at such time
and place as specified by said officer.

The court may also require the probationer to:

 cooperate with a program of supervision;
 meet his family responsibilities;
 devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer;
 undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for that purpose;.
 pursue a prescribed secular study or vocational training;
 attend or reside in a facility established for instruction, recreation
or residence of persons on probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to excess;
 permit the probation officer or an authorized social worker to
visit his home and place of work;
 reside at premises approved by it and not to change his
residence without its prior written approval; or
 satisfy any other condition related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or
incompatible with his freedom of conscience.

 Sec. 11. Effectivity of Probation Order. — A probation order shall

take effect upon its issuance, at which time the court shall inform the
offender of the consequences thereof and explain that upon his failure
to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty imposed for
the offense under which he was placed on probation.

 Sec. 12. Modification of Condition of Probation. — During the

period of probation, the court may, upon application of either the
probationer or the probation officer, revise or modify the conditions or
period of probation. The court shall notify either the probationer or the
probation officer of the filing of such an application so as to give both
parties an opportunity to be heard thereon. The court shall inform in
writing the probation officer and the probationer of any change in the
period or conditions of probation.

 Sec. 13. Controls and Supervision of Probationer. — The

probationer and his probation program shall be under the control of the
court that placed him on probation subject to actual supervision and
visitation by a probation officer. Whenever a probationer is permitted
to reside in a place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the Court of First
Instance of that place, and in such a case, a copy of the probation
order, the investigation report and other pertinent records shall be

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furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the
power with respect to him that was previously possessed by the court,
which granted the probation.

 Sec. 14. Period of Probation.

The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed six
years.

 When the sentence imposes a fine only and the offender is made
to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as
computed at the rate established, in Article thirty-nine of the
Revised Penal Code, as amended.

 Sec. 15. Arrest of Probationer; Subsequent Disposition. — At any

time during probation, the court may issue a warrant for the arrest of a
probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and summary, of
the violation charged. The defendant may be admitted to bail pending
such hearing. In such a case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to probationers
arrested under this provision. If the violation is established, the court
may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve the
sentence originally imposed. An order revoking the grant of probation
or modifying the terms and conditions thereof shall not be appealable.

 Sec. 16. Termination of Probation. — After the period of

probation and upon consideration of the report and recommendation of
the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions
of his probation and thereupon the case is deemed terminated. The
final discharge of the probationer shall operate to restore to him all
civil rights lost or suspend as a result of his conviction and to fully
discharge his liability for any fine imposed as to the offense for which
probation was granted. The probationer and the probation officer shall
each be furnished with a copy of such order.

 Sec. 17. Confidentiality of Records. — The investigation report

and the supervision history of a probationer obtained under this Decree
shall be privileged and shall not be disclosed directly or indirectly to
anyone other than the Probation Administration or the court
concerned, except that the court, in its discretion, may permit the
probationer of his attorney to inspect the aforementioned documents
or parts thereof whenever the best interest of the probationer makes
such disclosure desirable or helpful: Provided, Further, That, any
government office or agency engaged in the correction or rehabilitation
of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

 Sec. 18. The Probation Administration. — There is hereby

created under the Department of Justice an agency to be known as the
Probation Administration herein referred to as the Administration,
which shall exercise general supervision over all probationers. The
Administration shall have such staff, operating units and personnel as
may be necessary for the proper execution of its functions.

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 Sec. 19. Probation Administration. — The Administration shall be
headed by the Probation Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the President of the
Philippines. He shall hold office during good behavior and shall not be
removed except for cause. The Administrator shall receive an annual
salary of at least forty thousand pesos. His powers and duties shall be
to:

 act as the executive officer of the Administration;

 exercise supervision and control over all probation officers;
 make annual reports to the Secretary of Justice, in such form as
the latter may prescribe, concerning the operation,
administration and improvement of the probation system;
 promulgate, subject to the approval of the Secretary of Justice,
the necessary rules relative to the methods and procedures of
the probation process;
 recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices
established in this Decree; and
 generally, perform such duties and exercise such powers as may
be necessary or incidental to achieve the objectives of this
Decree.

 Sec. 20. Assistant Probation Administrator. — There shall be an

Assistant Probation Administrator who shall assist the Administrator
performs such duties as may be assigned to him by the latter and as
may be provided by law. In the absence of the Administrator, he shall
act as head of the Administration. He shall be appointed by the
President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.

 Sec. 21. Qualifications of the Administrator and Assistant

Probation Administrator. — To be eligible for Appointment as
Administrator or Assistant Probation Administrator, a person must be at
least thirty-five years of age, holder of a master's degree or its
equivalent in either criminology, social work, corrections, penology,
psychology, sociology, public administration, law, police science, police
administration, or related fields, and should have at least five years of
supervisory experience, or be a member of the Philippine Bar with at
least seven years of supervisory experience.

 Sec. 22. Regional Offices; Regional Probation Officer. — The

Administration shall have regional offices organized in accordance with
the field service area patterns established under the Integrated
Reorganization Plan. Such regional offices shall be headed by a
Regional Probation Officer who shall be appointed by President of the
Philippines in accordance with the Integrated Reorganization Plan and
upon the recommendation of the Secretary of Justice. The Regional
Probation Officer shall exercise supervision and control over all
probation officers within his jurisdiction and such duties as may be
assigned to him by the Administrator. He shall have an annual salary of
at least twenty-four thousand pesos. He shall, whenever necessary, be
assisted by an Assistant Regional Probation Officer who shall also be
appointed by the President of the Philippines, upon recommendation of
the Secretary of Justice, with an annual salary of at least twenty
thousand pesos.

 Sec. 23. Provincial and City Probation Officers. — There shall be

at least one probation officer in each province and city who shall be
appointed by the Secretary of Justice upon recommendation of the

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Administrator and in accordance with civil service law and rules. The
Provincial or City Probation Officer shall receive an annual salary of at
least eighteen thousand four hundred pesos. His duties shall be to:

 investigate all persons referred to him for investigation by the

proper court or the Administrator;
 instruct all probationers under his supervision or that of the
probation aide on the terms and conditions of their probations;
 keep himself informed of the conduct and condition of
probationers under his charge and use all suitable methods to
bring about an improvement in their conduct and conditions;
 maintain a detailed record of his work and submit such written
reports as may be required by the Administration or the court
having jurisdiction over the probationer under his supervision;
 prepare a list of qualified residents of the province or city where
he is assigned who are willing to act as probation aides;
 supervise the training of probation aides and oversee the latter's
supervision of probationers;
 exercise supervision and control over all field assistants,
probation aides and other personnel; and
 perform such duties as may be assigned by the court or the
Administration.

 Sec. 24. Miscellaneous Powers of Provincial and City Probation

Officers. — Provincial or City Probation Officers shall have the authority
within their territorial jurisdiction to administer oaths and
acknowledgments and to take depositions in connection with their
duties and functions under this Decree. They shall also have, with
respect to probationers under their care, the powers of a police officer.

 Sec. 25. Qualifications of Regional, Assistant Regional, Provincial,

and City Probation Officers. — No person shall be appointed Regional
or Assistant Regional or Provincial or City Probation Officer unless he
possesses at least a bachelor's degree with a major in social work,
sociology, psychology, criminology, penology, corrections, police
science, police administration, or related fields and has at least three
years of experience in work requiring any of the abovementioned
disciplines, or is a member of the Philippine Bar with at least three
years of supervisory experience. Whenever practicable, the Provincial
or City Probation Officer shall be appointed from among qualified
residents of the province or city where he will be assigned to work.

 Sec. 26. Organization. — Within twelve months from the

approval of this Decree, the Secretary of Justice shall organize the
administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing
patterns of the regional, provincial and city probation offices with the
end in view of achieving maximum efficiency and economy in the
operations of the probation system.

 Sec. 27. Field Assistants, Subordinate Personnel. — Provincial or

City Probation Officers shall be assisted by such field assistants and
subordinate personnel as may be necessary to enable them to carry
out their duties effectively.

 Sec. 28. Probation Aides. — To assist the Provincial or City

Probation Officers in the supervision of probationers, the Probation
Administrator may appoint citizens of good repute and probity to act as
probation aides. Probation Aides shall not receive any regular
compensation for services except for reasonable travel allowance.
They shall hold office for such period as may be determined by the

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 Probation Administrator. Their qualifications and maximum caseloads
shall be provided in the rules promulgated pursuant to this Decree.

 Sec. 29. Violation of Confidential Nature of Probation Records. —

The penalty of imprisonment ranging from six months and one day to
six years and a fine ranging from six hundred to six thousand pesos
shall be imposed upon any person who violates Section 17 hereof.

Philippine Correctional Philosophies and their Legal Basis

The Philippine Constitution of 1997

1. The state values the dignity of every human person and

guarantees full respect for human rights. (Sec 11, Art. II)

2. No person shall be detained solely by reason of his political

beliefs and aspirations. (Sec 18 (1), Art. III)

3. No involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been fully
convicted. (Sec. 18 (2), Ibid.)

4. Excessive fines shall not be imposed, nor cruel, degrading or

inhuman punishment inflicted. x x x (Sec. 19 (2). Ibid.)

5. The employment of physical, psychological, or degrading

punishment against any prisoner or the use of substandard or
inadequate penal facilities under subhuman conditions shall be
dealt by law. (Sec.19 (2), Ibid.)

Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To

segregate from society a person who by his acts has proven himself a danger
to the free community, To strive at the correction or rehabilitation of the
prisoner with the hope that upon his return to society he shall be able to lead
a normal well adjusted and self supporting life as a good and law abiding
citizen.

2. There is no man who is all bad and there is something good in all
men. (Art. I)

The Revised Penal Code

“No felony shall be punishable by any penalty not prescribed by law

prior to its commission”. (Art. 21, RPC)

Delay in the Delivery of Detained Persons to the Proper Judicial

Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who

shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities with in the period of:

12 hours – for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital
penalties.

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 The crime of Arbitrary Detention is committed when the detention of a
person is without legal ground.

The legal ground of detention are : a) commission of a crime and b)

violent insanity or other ailment requiring compulsory requirement.

Delaying Release

This is committed by a public officer or employee who delays for the

period of time specified in Art 125, the performance of any judicial or
executive order for the release of a prisoner or unduly delays the services of
the notice of such order to said prisoner.

Delivery of Prisoners from Jail (Art. 156, RPC)

Elements:

a) The offender is a private individual,

b) He removes a person confined in jail or a penal institution or helps in
the escape of such person,
c) The means employed are violence, intimidation, bribery or any other
means.

The prisoner maybe a detention or sentenced prisoner and the

offender is an outsider to the jail. If the offender is a public officer or a
private person who has the custody of the prisoner and who helps a prisoner
under his custody to escape, the felony is Conniving with or Consenting to
Evasion (Art. 223) and Escape of a Prisoner under the custody of a person
not a public officer (Art. 225) respectively.

This offense like other offenses of similar nature may be committed

through imprudence or negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

1. Evasion of Service under Art 157, RPC

Elements:

a) Offender is a prisoner-serving sentence involving deprivation

of liberty by reason of final judgment.
b) He evades the service of his sentence during the term of his
imprisonment.

This felony is qualified when the evasion takes place by breaking

doors, windows, gates, roofs or floors; using picklocks, false keys, disguise,
deceit, violence, intimidation or; connivance with other convicts or
employees of the penal institution. (Jail breaking is synonymous with evasion
of sentence).

2. Evasion of Service of Sentence on the Occasion of Disorders due to

Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)

Elements:

a) Offender is a prisoner serving sentence and is confined in a

penal institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or mutiny in which he
has not participated, and

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 d) He fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive
regarding the passing away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of

one-fifth of the period of the sentence of any prisoner who evaded the
service of sentence under the circumstances mentioned above. The purpose
of the law in granting a deduction of one-fifth (1/5) of the period of sentence
is to reward the convict’s manifest intent of paying his debts to society by
returning to prison after the passing away of the calamity.

Whenever lawfully justified, the Director of Prisons (Bureau of

Corrections) shall grant allowance for good conduct and such allowances
once granted shall not be revoked.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

The violation of any conditions imposed to a Conditional Pardon is a

case of evasion of service of sentence.

The effect of this is, the convict may suffer the unexpired portion of his
original sentence

Infidelity of Public Officers

1. Infidelity in the Custody of Prisoners Through Connivance (Art.223,

RPC) - A felony committed by any public officer who shall consent to
the escape of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224,
RPC) - A felony committed by a public officer when the prisoner
under his custody or charge escaped through negligence on his
part.
3. Escape of a Prisoner under the Custody of a Person not a Public
Officer. (Art 225, RPC)

Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC)

Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of
such prisoner by imposition of punishment not authorized by
regulation or by inflicting such punishment in a cruel and
humiliating manner.

The felony of Physical Injuries if committed if the accused does not

have the charge of a detained prisoner and he maltreats him. And if the
purpose is to extort a confession, Grave Coercion will be committed.

APPROACHES IN CORRECTION ADMINISTRATION

Any of the approaches or models of prison management that will be

presented under this part serves as an additional information on the need to
manage those who are considered outcast of society, the prisoners.

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 Just as justifications for the criminal sanction have influenced
sentencing decisions, correctional models have been developed to describe
the purposes and approaches to be used in handling prisoners. Although
models may provide a set of rationally linked criteria and aims, the extent to
which a given model is implemented is a matter for empirical investigation.

Researchers have revealed a variety of prison management styles. Dr.

George Beto for example adopted a Control Model of prison management,
which emphasizes prisoner obedience, work and education (Sahara, 1988).
Others have exemplified the Responsibility Model of prison management that
stresses prisoners responsibility for their own actions, not administrative
control to assure prescribed behavior. Proper classification of inmates,
according to this model, permits placing prisoners in the least restrictive
prison consistent with security, safety, and humane confinement. Prisoners
should be given a significant degree of freedom and then held to account for
their actions (Sahara, 1988).

Other models of prison management have been prominent in the last

four decades. One is the Custodial Model, based on the assumption that
prisoners have been incarcerated for the protection of society and for the
purpose of incapacitation, deterrence and retribution. It emphasizes
maintenance and security and order through the subordination of the
prisoner to the authority of the warden. Discipline is strictly applied and most
aspect of behavior is regulated.

With the onset of the treatment orientation in corrections during the

1950’s, the Rehabilitation Model of institutional organization and prison
management were developed. In prisons of this sort, security and house-
keeping activities are viewed primarily as a framework for rehabilitative
efforts. Professional treatment specialist enjoys a higher status than other
employees, in accordance with the idea that all aspect of prison
management should be directed towards rehabilitation. During the past
decade, with the rethinking of the goal of rehabilitation, the number of
institution geared toward that end has declined. Treatment programs still do
exist in most institutions, but very few prisons can be said to conform under
this model.

The Reintegration Model is linked to the structures and goals of

community corrections but has direct impact on prison operations. Although
an offender is confined in prison, that experience is pointed toward
reintegration into society. This kind of treatment gradually give inmates
greater freedom and responsibility during their confinement and move them
into a halfway house, work release programs, or community correctional
center before releasing them to supervision. Consistent with the perspective
of community corrections, this model is based on the assumption that it is
important for the offender to maintain or develop ties with the free society.
The entire focus of this approach is on the resumption of a normal life (Clear
and Cole, 1986).

The effects of these management philosophies, on the basis of existing

research, appear positive (Sahara, 1988). However, defects cannot be put
aside. Many still believe that prisons are supposed to both punish and
rehabilitate prisoners to normal daily life and to protect the society and other
inmates from assaultive, escape-prone prisoners. This conflicting goal leads
to prison administrators offending vocal interest groups. Measures taken to
assure security or to punish prisoners inevitably generate criticism from
those who are committed to rehabilitation. Actions taken to encourage
prisoners rehabilitation anger line officers, who have the direct responsibility
of maintaining prison security, and the large segment of the public that
believe prisons exist to punish offenders (Sahara, 1988).

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 The concept of a Total Institution developed by Erving Goffman, has
influenced much research on prisons. He stated that “the prison, like other
total institution, is a place of residence and work where a large number of
like-situated individuals, cut off from the wider society for an appreciable
period of time, together lead an enclosed, formally administered round of
life”. A total institution is one that completely encapsulates the lives of the
people who work and live there. A prison must be such an institution in the
sense that whatever prisoners do or do not do begins and ends there; every
minute behind bars must be lived in accordance with the rules as enforced
by the staff. Adding to the totality of the prison is a basic split between the
large group of inmates. Those who have very limited contact with the outside
world and the small group of staff members who supervise the inmates and
yet are socially integrated with the outside world they live (Clear and Cole,
1986). This concept of inmate treatment probably an influence of the broad
goals of incarceration. When we look at a prison, it is natural to believe that
retribution, incapacitation and deterrence are the goals being advanced, but
one also know that the most sought after goal is the rehabilitation of
offender.

In the late 18th Century, America employed penitentiary as a means of

protecting prisoners from moral contamination and restoring them to habits
of correct living (Johnson, 1987). This is considered as the birth of a modern
prison for purposes of the prisoner’s reformation by protecting health and
improving character. In the context of corporal punishment, it seemed
primitive and barbaric but these punishments were the vestiges of the Old
World (Johnson, 1987). In the New World, by contrast, it was self-evident that
a criminal was not a preordained sinner. His fate was not sealed by the
Almighty. He was instead a product of the society. While a prisoner/sinner
deserved punishment for his crimes, he also deserved to be reclaimed by
and for the society (Johnson, 1987). The penitentiary, the first prison
systematically designed to harness pain in service of the reformation of men,
thus embodied a glorious reform dream, providing a new prison for a New
World (Clear and Cole, 1986). It is further essential to note that the reformers
or legislators who supported the penitentiary did so with one firm criterion
and that, the punishment is humane and not replicate the brutal punishment
of the past (Clear and Cole, 1986). The penitentiary model of reformation
applies two systems namely, the separate and the congregate. The
separate system used solitary confinement and manual labor in which the
prisoners were kept separate from one another as well as from the outside
world. The congregate system is one in which the prisoners slept in
solitary cells, worked together but complete silence is observed. They are
united but no moral connection exists among them. They see without
knowing each other. They are in a society without mental intercourse
because there was no communication and hence no interaction (Clear and
Cole, 1986).

The penitentiary was in practice, a custodial institution. It demanded

absolute obedience from criminals who have never learned to respect limits,
follow rules, or put in an honest day’s work and who, moreover, were the
filthy elements of the society.

Despite the theoretical emphasis on reform and the widespread use of

the terminology of rehabilitation, the actual experience of imprisonment for
most persons who are imprisoned in this century has been simply punitive.
From the mid-60s to the present, a new prison type has emerged which is
defined by the climate of violence and predation on the part of the prisoners.
Known simply as the “violent prison”, it has been aptly described as a
“human warehouse with a jungle-like underground” (Johnson, 1987).

In the management of prisons, one recognizes that the pain suffered

by the prisoners can create more prison management problems rather than

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solve them. When prisoners feel pain, prisons become hard to operate.
According to Johnson (1987), in principle, it is possible to escalate pain and
break the will of the prisoners and to resort into outright brutality and to run
the prison on raw fear. He also stated that prisons are meant to push and
deter two goals that require pain and discomfort even to the extent that
conditions in jail are restrictive and even harsh. They are part of the penalty
that the criminal offender must pay for his offenses against society. The
constitution does not even mandate comfortable prisons so indeed prisons
cannot be free from discomfort because by their very nature, always will be
painful.

In the modern prisons, from the nineteenth century penitentiary to

today’s prison system, administrators are deceptive on this score, preaching
treatment but practicing punishment (Johnson, 1987). The New York’s
famous Elmira Reformatory, for example, is often described as the original
model from which progressive penology evolved. It was praised as a
humanitarian “hospital” or “college on the hill”, but pain as a fundamental
fact of prison life was not acknowledged as an Elmira’s ingredients. Although
the system developed a new, liberating reformatory and produced a kind of
scientific penitentiary, the system attributed largely on the result of fear
(Johnson, 1987).

The brutality inside prisons in today’s world reflects a failure of policy,

a triumph of convenience over conscience, and a challenge to responsible
prison administrators. If our nurturing is defective, i.e. unappreciative,
inconsistent, lax, harsh and careless, one grows up hostile and this hostility
seems as much turned inward as it was turned outward. The nurturing
environments that produce this denigration of self and others are the factors
that breed criminality.

If this is what really appears to be, then when will man realize the
meaning of reformation or rehabilitation for prisoners? Does it only end in
wishful thinking?

Blumstein list five possible approaches that prison administrators may

take to deal with the prison crisis. Each approach has economic, social and
political costs, and each entails a different amount of time for
implementation and impact.

First, the proponent of the Null Strategy say that nothing should be
done, that prisons should be allowed to become increasingly congested and
staff should remain to maintain them with the assumption that the problem
is temporary and will disappear in time. This, of course, may be the most
politically acceptable approach in the short run. In the long run, however, the
approach may lead to riots as prisoners take control of their situation and
staff members become demoralized. It may ultimately result in the courts
declaring the facilities unconstitutional and taking over their administration.
Philosophical opponents of incarceration may support this approach because
they fear that other strategies will only result in greater numbers of persons
imprisoned.

Second, proponents of the Selective Incapacitation Strategy argue

that expensive and limited prison space with the necessary number of staff
to maintain them should be used more effectively by targeting the
individuals whose incarceration will do the most to reduce crime. It shows
that the incarceration of some career criminals has a pay off in the
prevention of multiple serious offenses.

Third, the Population-Reduction Strategy Incorporates front door

and back door strategies. Front-door strategies divert offenders to non-
incarcerative sanctions, among them, community service, restitution, fines,

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and probation. Some critics contend, that even if such alternative were fully
incorporated into the correctional system, they would affect only first time,
marginal offenders, as they are not appropriate for serious criminals if crime
control is a goal and has the effect of widening the net so that a greater
number of citizens come under correctional supervision. While the Back-door
strategies such as detention, parole, work release and good behavior are
devised to get offenders out of the prison before the end of their terms in
order to free space for new comers.

Fourth, the Construction Strategy of building new facilities to meet

the demand for prison space for an advantageous prison management. The
approach comes to mind when legislators and correctional officials confront
the problem on prison crowding, sanitation and prison violence to expand the
size, number of facilities and personnel.
But given contemporary financial restrictions, this strategy may not be as
feasible as it seems. Opponents of this approach of prison management
believe that given the nature of bureaucracy, prison cells will always be filled
as well as the conditions in prisons has detrimental effect of incarceration on
offenders.

Fifth, the Population-Sensitive Flow Control Strategy urges the

sentencing be linked to the availability of prison space and management
staff, that policies be developed allowing the release of the prisoners when
prison facilities become crowded and staff are greatly outnumbered to
manage prisoners, and that each court be allotted a certain amount of prison
space and staff members so that judges and prosecutors make their
decisions accordingly. This strategy depends on the political will to release
prisoners even in the face of public protest (Clear and Cole, 1986).

Contemporary jails serve two vital purposes: they detain accused

individuals awaiting trial and they house sentenced offenders serving short
terms. Some argue that jails are outside the boundaries of the correction
enterprise while others believe that jails are important part of corrections
and that they illustrate many complexities. It is perhaps the most frustrating
component of corrections for people who want to help persons who find
themselves under supervision. Many of them need a helping hand, but the
unceasing human flow usually does not allow time for such help nor the
resources available in most instances. Many programs have been tried and
alternatives to jails were developed, but the common experience is that they
come to be applied to persons who otherwise would be sentenced to
probation or those who will serve their sentences with in the community.

In the United States, a Federal Survey (Senna and Siegel, 1987) found
out that the ratio of probation to prison population is increasing as a faster
rate than the prison population. About 1,032,000 adult offenders were put on
probation in 1984, and about 904,000 finished their probationary period. Of
these about 81.5 percent were considered successful completions. The
remainder, 18.5 percent, was considered unsuccessful either because the
probationer was incarcerated for a new offense or because the probationer
absconded or was in custody for another reason (Senna and Siegel, 1987).

In the context of recidivism, the effectiveness of correctional policy can

be evaluated on the basis of whether former inmates return to life of crime.
To assess the extent of recidivism in the prison system, Lawrence Greenfield
of the Bureau of Justice Statistics analyzed data from a national survey of
prison inmates in Washington D.C., United States. Greenfield found that an
estimated 61 percent of those admitted to jail or prison had previously
served a sentenced of imprisonment as a juvenile, an adult, or both. Of the
39 percent entering prison who had no prior imprisonment record, nearly 60
percent had convictions that resulted in probation and 27 percent were on

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probation at the time of their offense. In all, about 85 percent of entering
inmates had prior convictions that had resulted in correctional treatment.

Another disturbing fact uncovered by Greenfield was that 46 percent of

the returning offenders would still have been in prison had they been forced
to serve the entire term of the sentence given them at their previous trial.
Many offenders had long criminal records before they committed the offense
that gained them their current sentence. He revealed that most inmates had
prior criminal records. He also said that current correctional policy is not
sufficient to deter offenders for repeating their law-violating behavior (Clear
and Cole, 1986).

Based on the aforementioned information, it seems that civilization

dictates the realization of true reformation among prisoners. Civilization
means a growth in knowledge, which in turn increases the power to prevent
or reduce pain. Civilization also means an increase in our ability to
communicate with others. Growth in knowledge engulfs those who are
outside immediate environment and this extends to the circle of people with
whom one emphasizes. As a result of civilization, its progress is
characterized by a higher tolerance for one’s own pain, and that suffered by
others. This means that “the spectacle, and even the very idea of pain” must
be hidden from more and more people (Johnson, 1987). Ultimately, it must
seem to disappear from punishment itself. By this growing unwillingness to
administer pain does one measure his civilization and, “by our example,
continue the work of civilizing prison management” (Johnson, 1987).

Prescription of the Crime & Prescription of Penalty

The Difference

Prescription of the Crime Prescription of Penalty

Is the forfeiture or loss of the right of Is the loss or forfeiture of the right of
the state to prosecute the offender the government to execute the final
after the lapse of a certain time. sentence after lapse of a certain
time.
Note: That the counting will start
upon the discovery of the crime not Note: That the counting will only run
on the date the crime happened. if within convicted person will hide
in the Philippines or in any other
countries in which the Philippines
has a treaty or extradition law.

Conditions necessary in Prescription of Penalty

 That there must be final judgment;

 That the period of time prescribed by law for its enforcement has
lapsed.
 Prescription whether by penalty or crime, the state or the people loses
the right to prosecute the crime or to demand of the sentence of the
penalty imposed.

Period of Prescription of Crimes

 Crimes punishable by Death, Reclusion Perpetua or Reclusion Temporal

– 20 years
 Crimes punishable by other Afflictive Penalties – 15 years
 Crimes punishable by Correctional Penalty – 10 years
 Crimes punishable by Arresto Mayor – 5 years
 Crime of libel or other similar offenses – 1 year
 Offenses of Oral Defamation and Slander by Deed – 6 months
1. Light Offenses – two (2) months

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 Period of Prescription of Crimes under Special Laws or
Ordinances

 Offenses punished only by a fine or by imprisonment for not more than

one month, or both – after 1 year
 Offenses punished by imprisonment for more than one month, but less
than two (2) years – after 4 years
 Offense punished by imprisonment for six (6) years or more – after 12
years
 Offense punished by imprisonment fro two (2) years or more – after 8
years
1. Offense under Internal Revenue law – after 5 years
2. Violations of Municipal Ordinances – after 2 months
3. Violations of the regulations and conditions of certificate of
convenience by the Public Service Commission – after two (2)
months

The computation of prescription o offenses or crime shall start to

court from the day of which offense or crime is being discovered, by
the offended party, authorities or their agents. It is interrupted by filing
of complaint or information. It would commence to run again when
such proceedings terminate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason not imputable to
him. The term of prescription shall not run when the offender is absent
from the Philippines.

Period of Prescription of Penalties

 Crimes sentence to death and reclusion perpetua – 20 years

 Afflictive penalties – 15 years
 Correctional penalties – 12 years
 Arresto mayor – 5 years
 Light penalties – 1 year

The period of the prescription of sentence commence when the

sentence imposed is already final. If a convict appealed and thereafter
fled, the penalty imposed upon him would never prescribe, because
pending the appeal the sentence is not yet final. The period of
presentation of penalties commence to run from the date when the
culprit evaded the service of sentence. It will only be interrupted if the
culprit:

1. Gives himself up;

2. be captured;
3. goes to a foreign country with which we have no extradition
treaty;
4. Commits another crime before the expiration of the period of
prescription.

The period of prescription of penalties shall commence to run

again when convict escapes again, after having been captured and
return to prison.

Elements for the Prescription of Sentence to Commence

a. That the penalty is imposed by final sentence;

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 b. That the convict evaded the services of sentence by escaping
during the term of his sentence;
c. That the convict who escaped from prison has not given him-
self up or been captured or gone to a foreign country with
which we have no extraditio0n treaty, or committed another
crime;
d. That the penalty has prescribed because of the lapse of time
from the date of the evasion of the service of sentence by the
convict.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY DOCTRINE OF

DEVELOPMENT

The Bureau of Jail Management and Penology adheres to the following

ten (10) doctrines to guide it in its day-today functions.

(1.)Personnel build-up and mentoring doctrine – New recruits are im-

mediately sent to attend the public safely basic recruit-training
course at the National Jail Institute, with the program of instruction
particularly tailored to corrections or jail officers. The physical and
moral approach is mentoring. In the training center, mentors are
trusted counselors who can make a difference between a person’s
physical and moral like.

(2.)Striving for excellence doctrine – After the development of person-

nel, the bureau begins to enhance the knowledge and skills of per-
sonnel to make them capable of performing the tasks assigned to
them, the human resources development program includes in-
house training, allied courses offered to ensure that skills are ap-
propriated to their job description. The Jail Bureau endeavors to cre-
ate or build for them a cancer that will make them worthy of being
correctional officers.

(3.)Doctrine on Equity – This doctrine emphasizes the grant of recogni-

tion to deserving personnel while, at the same time, meting out
punishment to erring one’s Recognition comes in the form of pro-
motion, wards, decorations, and timely release of incentives and
benefits such as longevity pay, clothing allowances, productivity
pay, and among others. Relatedly, the bureau envisions developing
a retirement scheme that will enable retirable personnel to claim
retirement benefits on time and with less effort and with fewer ex-
penses. The giving of retirement pay is done during appropriate
ceremonies in due recognition of the retirees long and efficient ser-
vice in the bureau.

(4.)Doctrine of Positive reinforcements – This doctrine deals with the

strategies that are intended to strengthen the moral fiber and work
ethics of personnel. The activation of integrity circles (IC’s) in all
levels of jail management, the member IC’s shall ensure that all
available personnel who are morally strong will be made as role
models. They can help prevent less desirable and potentially cor-
rupt personnel from engaging illicit activities. It is imperative that
the IC’s helped enhance morality and integrity of the organization.
In the institutionalization of IC’s facilitators play a very important
role in the professionalization of trainers. Trainers keep abreast of
development obtained in the organization. Periodic training of facili-
tators is necessary to effectively fight corruption in organization.

(5.)Doctrine on decentralization in resource governance – This doctrine

gives emphasis on transparency in allocation and utilization of re-
sources and involvement of all units in resources management.

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 Complementarily of efforts among key personnel at all levels thus
fends to neutralize budgetary constraints.

(6.)Doctrines on networking and teamwork – This doctrine aim to:

1. Widen working knowledge on intelligence through training or

seminars;
2. Establish intelligence network in all jail facilities with offenders
as informants;
3. Conduct security inspection;
4. Identify strong and weak points of the facility, personnel and
degree of implementation of existing policies and guidelines
through the conduct of research.
5. Coordinate with other intelligence units and local officials;
6. Establish feedback mechanism.

(7.)Doctrine of Penology – This doctrine is the main of the Bureau of Jail

Management and Penology. Which includes the following:

1. Custody, security and control, emergency plans, movement and transfer

of offenders.

The over-all concept of jail security encompasses both prevention and

rehabilitation. These two efforts are inseparable as neither can be
accomplished without the other. Jail security is necessary to safeguard the
lives of people residing within the vicinity as well as of inmates who are
undergoing rehabilitation.

The following guidelines are observed in jails:

a. Conduct of jail inspection and security survey.

Periodic and surprise inspection of jail facilities are conducted. The

inspection must not be perfunctory or superficial. It must be done thoroughly
in order to discover and flush out all kinds of contraband places in jail
facilities where contraband could be hidden and locate places which could
serve as possible route of escape.

b. Oplan Greyhound

Searches on offenders and visitors entering the jail facilities are religiously
conducted to prevent entry of contraband and other deadly weapons and to
ensure the safety and security of offenders, visitors and personnel. No one is
allowed to pass the gate without being subjected to body search and
inspection.

c. Movement and transfer of offenders

Offenders, while under detention or escort, are closely supervised to

prevent jailbreak or escapes. Movements of jail personnel are also closely
monitored to prevent possible connivance with offenders in jail escapes.
Offenders shall not be escorted out of jail unless their movement is
endorsed by the court or other judicial authorities, except in emergency
cases. The shortest available route to and from the destination shall be
taken and no deviation from the route shall be allowed for whatever
reason.

d. Offenders’ count

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 It is a part of institutional procedure that at specified times during a 24-
hour period, all offenders shall be physically counted, at least four (4)
times daily and during charge of shift. And all movements of offenders
shall cease until the court is completed. If the total jail court does not tally
with the jail population at any given time, another count shall be made.
An immediate report shall be rendered to the warden or deputy warden
for any unaccounted offender.

e. Security procedures during meal service

A jailer shall not enter the quarters of the offenders to distribute food
unless another officer is available to handle the keys and to control the
entrance door. In dining room security, as a general precaution, individual
mess utensils of offenders are made of plastic.

f. Mail censorship

To give the offenders are respite from the strain of prison life, they shall
be encouraged to maintain wholesome contact with friends and relatives
through correspondence. However, the privilege o sending and receiving
mail that is extended to offenders shall be properly supervised and
handled to obviate the possibility of smuggling contraband and using this
as a means of elicit communication. Likewise, all outgoing mail shall pass
through the normal mail facility of the jail subject to the usual censorship.

g. Emergency plans for jails

Emergency plans in case of fire or conflagration, riots or other violent

disturbances jail breaks and other such occurrences were formulated to
suit the physical structure and other factors peculiar to the individual jail.
All wardens are directed to formulate their respective implementing plans
in cases of emergency.

Mob and Riot Control

Definition:
1. Mob – it is a crowd which may become boisterous and disorderly
with only isolated and minor violence or lawlessness.
2. Riot – it is a mob which seeks to violate each and every
police goals.

Characteristics

1. Aggressive – riots, lynching mob, prison and political riots.

2. Escapes – mobs that are attempting to safety by fight panic creates
escape mob.
3. Acquisitive – mobs that desire to acquire something.
4. Expressive – mob that expresses favor or revelry.

Types of Violence used by Mobs

1. Verbal and written abuse – tactics used to anger and demoralize po-
lice officers.
2. Noise – this tends to fatigue and demoralize the police and it also in-
terferes with police command and control.
3. Attack on police and police equipments – this is done to damage
and cripple police vehicle and disrupt police action against violators.

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 4. Throw objects – police offices should be on the look out for troubled
areas where objects are available to violators.
Ex. Molotov bombs, pili boxes, feces, urine, stone and etc.
5. Moving vehicle – used to destroy roadblocks and police formations.
6. Destruction of property and looting – private residence and busi-
nesses may have windows broken or set into a fire or business es-
tablishments may be looted of merchandize.
7. Use of weapons and firearms – these are used in fighting police ei-
ther by selective snipping or massed fire.

Tactics used by Mobs

1. Numerous false alarms directed to police department causing the

premature or incorrect deployment of fire equipment’s and re-
sources.
2. False calls of “officers in trouble” resulting in that development of
police manpower to a certain areas and attract larger crowd for the
agitator to incite.
3. Interfering with a police officer in his line o duty forcing him to take
action against the agitator or at least diverting him from his primary
duty. This tactics is followed by crises of “police brutality” from the
investigators of the trouble.

Handling and Quelling Disorder

1. Factors affecting handling of disorder

a. Proper selection of Men – the selection of officers for a riot control

force is of vital importance and should be made with extreme care
when possible. This includes temperament, attitude, fear, unit
leader and physical fitness.

b. Intelligence – it is very important in determining number of

personnel and the equipment necessary to police a crowd. Example
of intelligence information: time of event, location, sponsor, physical
features of the area, estimated number of participants, expected
weather condition, psychological background of the area population,
identification of leaders and rioting factions, objectives of rioters
and equipment’s.

c. Uniform – the uniform should be complete and in good pair. The

officer who is neat in appearance with a clean uniform is a symbol
of law and order and by his appearance will affect the crowd
psychologically making control a comparatively simple task.

d. Protective Equipment’s – baton, shotgun, helmet with visor, gas

equipment with mask, boots, shields, communication and etc.

2. Tactics

a. Rapid Dispersion – the first tactical principles that must be

considered is the rapid dispersion of the rioters. The mob, if
permitted to operate over a long period of time, commits acts
of violence, become bold, dangerous and uncontrollable.

b. Prevention of Assemblies – when the tactical principle of dis-

persal has been successfully accomplished. The professional
agitators and leaders will attempt to reorganize the mob. It is
impotent therefore, to prevent further gatherings, eliminating
additional policing problems. The following methods can be
used.

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 1. Mobile units patrolling the area
2. Develop a system of guard on fixed post
3. Roving for patrol
4. Develop system of communication

c. Arrest of Leaders – it is known fact that a mob without a

leader is not a major problem, therefore, agitators should be
remove or arrested from the scene of the disturbance as soon
as possible.

d. Crowd and riot control formation

1. Four (4) basic riot control formation:
a. Column – used generally for approach to the riot area.
b. Skirmisher line – used in confronting the mob to advance
against it, for display for force or to block off an area.
c. Wedge – used in clearing streets and splitting the mob.
d. Diagonal – (right of left echelon) – it is used to drive the
mob in a given direction.

2. Variations of four (4) basic riot control formations

a. “T” Formation
b. “U” Formation
c. Box Formation
d. Arrow Formation
e. Double Line formation

4. Rules for use of Formation

a. movement of any riot control formation whether it be

offensive or defensive, should always be a unit.
b. each formation should have a reserve which will serve
under the officer in command as he dictates to meet the
demand of the situation.
c. the officer commanding the unit must always be at rear
of the line of contact during the action.
d. The choice of formation and tactics used must always be
such that no members of the mob can get into the rear
of the unit.
e. It is not advisable to commit a small formation too
deeply into a mob or crowd. If the unit is small and the
crowd is very large, contact should be avoided and he
mob handled from a distance, taking advantage the use
of smoke, long range gas, guns and other tactical
means.
f. if retreat becomes necessary furring unforeseen change
in the situation, the retreat should always be made in
formation, slowly so as not to give and indication of
panic, and with the man facing toward the mob.
g. changes in formation and movements should always be
done in a quicker manner.
h. should any member of the mob lay lands on a member
of the unit and try pull him out of the formation, other
members of the unit specially those at the reserve
should converge on the spot and subdue the rioters.

Oplan Dakip Balik-Piitan

All Assistant Regional Directors of Bureau of Jail Management and

Penology is mandated to intensity implementation of oplan dakip-balik-piitan
in their respective areas of responsibility for the immediate recapture or
recovery of escapes.. Coordination with the Philippine National Police and

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other Law Enforcement Agencies is also encouraged before the conduct of an
operation.

Rehabilitation Services for offenders

Rehabilitation services are carried out to change offenders’ pattern of

criminal behavior and to reform them into law-abiding and productive
citizens through the implementation of rehabilitation programs in jail.

The treatment of offenders focuses on the provision of the following

services that are designed to encourage offenders to return to the fold of law
to enhance their self-respect, dignity and sense of responsibility:

a. provide basic needs of offenders;

b. medical and dental services;
c. education and skills training;
d. religious service, guidance and counseling services;
e. recreation, sports and entertainment;
f. work program such as livelihood projects;
g. visitation services; and
h. mail services

ESCAPE AND APPREHENSION PROCEDURES

The following are the measures that help reduce the occurrence of
escape attempts:

1. Alert detection and prompt report of unrest or tension;

2. Observation and report of abnormal changes in inmate behavior;
3. Provision of full - time work, recreation and self-improvement programs
for the inmates;
4. Proper considerations of legitimate inmate complaints or needs;
5. Prompt, decisive, & suitable action in response to the situation at hand;
6. Implementation of a system of security inspections, frequent counts
and supervised movement;
7. Provision of appropriate work and living assignment in accordance with
inmates custody classification.

Sounding the Alarm:

Pre-arranged signal should be sounded to notify employees living in

the vicinity of the facility.

Notification of Off-duty Employees:

An accurate up-to-date list of all employees’ addresses and telephone

numbers should be maintained. Off-duty employees should re-enforce on-
duty employees.

Essential Maintenance Posts:

When an alarm is sounded, employees supervising their post should

take immediate counting of inmates in their care.

Notification of the Central Office:

a) Method of Escape- Inform the Central Office how the inmates managed to
have access in the area from where the escape occurred;

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b) An evaluation of the factors which may have led to or what enable the
escape;

c) Proposed changes to institutional policy or procedures designed to thwart

similar escapes in the future.

Notification of Law Enforcement Agencies & the Information that

must be provided:

1. Name of the Escapee (s)

2. Escapees’ sex, race, nationality, date of birth, age weight, hair &
eye color and residence.
3. Photograph
4. Escapees’ crime or offense status, date sentenced, length of sen-
tence;
5. Statement whether or not the escapee (s) is considered danger-
ous.
6. Institutional contact who should receive notice of apprehension.

Officers Conduct in the Event of Escape

a) Recovery team must be tactful and use good judgment during their
contact with the public;
b) Apprehension plan should clearly state the limits of authority of the re-
covery team;
c) Conduct vehicle or house search;
d) Proper coordination with the law enforcement agencies is necessary;
e) Recovery team must recognize the importance of proper handling of
evidence;
f) Any infractions of the law should be avoided.

Oplan decongestion
Under this program, the following applicable laws and policies must be
religiously implemented.

R.A. 6036 a law on release on recognition, which provides for the

release of offenders whose penalties are not more than six (6)
months imprisonment or involves a fine of two thousand pesos
(P2,000.00) or both, to the custody of a responsible person in the
community.
R.A. 6127 a law which grant full-time credit period of preventive
detention, which fully deducts the period of the offenders
preventive from the sentence from the sentence from the sentence
imposed by the court.
P.D. 968 as amended, which grants offenders who are sentenced to
six (6) years imprisonment or below, to be eligible for probation.
P.D. 603 the Youth and Child Welfare Code, which suspends service of
sentence of minor offenders and places them in rehabilitation
centers under the supervision of the DSWD, before they are
released to the custody of their parent or any responsible citizen in
the community.
Batas Pambansa Blg. 85, which authorizes the release of a detained
offender who has undergone preventive imprisonment equivalent to
the maximum imposable penalty for the offense changed.
R.A. 9165 Dangerous Drug Act of 1972, especially Section 32, which
grants probation to first-time offenders of minor age.
R.A. 4203, which creates the Board of Pardons and Parole to look into
the physical, mental and moral record of convicted offenders in
order to determine who shall be eligible for parole, probation or
pardon.

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Department of Justice memorandum Circular No. 6, which directs
all wardens or anyone who is in-charge of local jails to effect the
immediate transfer of national Prisoners to the national Penitentiary
in Muntinglupa or other National Prison.

8. Doctrine on image and technology build-up – in view of the urgent

need of recording the important events and activities of a fledging
organization since its creation in 1991 pursuant to R.A. 697 the Bu-
reau of Jail Management and Penology has regularly published a
quarterly magazine. The correction journal. Starting with simple is-
sues, the journal has now evolved into a professionally competitive
publication.

As one of the fundamental functions of its public information office,

the jail Bureau builds up a positive image through press release. In
the pursuit of this endeavors, it stops at nothing short or requiring
its unit and offices to provide the public information office with data
worthy of publication. The Bureau of jail Management and Penology
has made it a point to scout from among its new recruits those who
are inclined to being in the PIO to make it more effective.

To ensure storage of important reading materials from both internal

and external sources, the BJMP is keen on establishing a library that
will augment the learning process of its personnel. Along with this, a
museum will also be established to preserve historical and other
such valuable mementos. The significance of materials and relics to
the life of the individual BJMP member and the Bureau itself, both
now and in the future, cannot be over emphasized, if only for the
reason that there should be a way to monumentalize the progress of
its existence as well as to broaden the mental perspective of its
personnel and his help make way for an ideal public image.

With the establishment of the information technology unit, there will

be a comfortable means of retrieving information or data for
internal and external purposes. Extraction of information and inter
linking with other sources will be easier on the basis of automation.
With the creation of the information technology until and
computerization, fast tracking of records will no longer be a
problem.

9. Collaborative partnership in rehabilitation Doctrine – under this doc-

trine, community participation is envisioned to be maximized. The
Bureau shall enter into a memorandum of agreement with non-gov-
ernment organizations and the business sector for possible tie-up in
entrepreneurial undertakings, which can both address the economic
and social needs of the offenders. A search on this indicated that
collaborative partnership in rehabilitation will make a great differ-
ence in the lives of the offenders.

10. Doctrine on expanded family advocacy in correctional facilities –

simply, it is a actively putting a community into correctional work.
Advocating for increase in volunteer programs that are geared to-
ward filing the self-esteem and self respect among offenders, and
will transform the offender’s view of the jail from a purely punitive
to a correctional facility.

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